Agendas, reports and minutes

 

Minute of the meeting of the Highland Licensing Board held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness, on Tuesday 5 January 2016 at 1.00pm.

Present

Dr I Cockburn
Mr C Fraser
Mrs L Macdonald
Mr W Mackay
Mrs G Sinclair
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: 6.1: Mrs L Murray, Solicitor for the Applicant

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 and Mr R Greene.

2. Declarations of Interest 
Foillseachaidhean Com-pàirt. 

There were no declarations of interest.

3. 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/001/16 detailing licences which had been granted under delegated powers by the Clerk to the Board during the period 25 November 2015 to 8 December 2015.

The Board NOTED the report.

4. 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/002/16 detailing occasional licences and extended hours applications which had been granted under delegated powers by the Clerk to the Board during the period 25 November 2015 to 8 December 2015.

The Board NOTED the report.

5. Review Proposal – Non-payment of annual premises licence fees
Moladh Ath-sgrùdaidh – Neo-phàigheadh Chìsean Ceadachd Togalaich Bliadhnail

There had been circulated Report No HLB/003/16 by the Clerk which invited the Board to hold review hearings to consider and determine their review proposals in respect of the premises listed in the Report for which the annual fees remained unpaid and which therefore breached the mandatory conditions of their premises licences.

The Clerk provided an update in regard to the Report and confirmed that the undernoted premises had now paid their annual fee:-:-

• Jury’s Inn, Milburn Road, Inverness
• Sobar, Castle Street, Inverness
• Ferry Stores, Kilchoan
• Picture House, High Street, Dingwall

The Clerk confirmed that no parties were present at the meeting to represent the remaining premises in respect of which the annual fee remained unpaid

Thereafter, the Board AGREED to make a review proposal for those premises which had not paid their annual fee and to hold review hearings on 2 February 2016.

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/INBS/508
Applicant: Caledonian Heritable Limited, 4 Hope Street, Edinburgh EH2 4DB
Premises: Encore (formerly Karma Lounge), 5-9 Young Street, Inverness IV3 5BL
Type: On Sales

There had been circulated Report No HLB/004/16 by the Clerk which invited the Board to determine the application.

Mrs L Murray for the applicant, spoke in support of the application during which she advised that her clients were content with the recommended conditions to be attached to the grant of a licence with the exception of specific condition detailed at paragraph 8.3 (4) of the Report which provided that after 2200hrs no alcoholic or non-alcoholic beverages shall be consumed within the designated smoking area. This was on the basis that the smoking area was located within the footprint of the premises in an area where the frontage was open in its entirety, the windows having been removed and moved back within the building.  She clarified there was no direct entrance or exit to this area from the street and that the smoking area could only be accessed from within the premises. She advised that the smoking area had been inspected by the Council’s Building Standards and was in compliance with the relevant regulations.

Mrs Murray advised that in terms of any potential noise nuisance the smoking area would be monitored closely by the door stewards and that her clients would be content to accept a condition that there be no playing of live and or recorded music in the smoking area after 2200 hours.

The Licensing Standards Officer advised that he was content with the proposed amendment to the recommended conditions as detailed above observing that these were well-run premises and if any complaints were received from the public in regard to noise these would be brought back to the Board.

The Board AGREED to grant the application subject to the removal of local conditions 1 and 2, and subject to the mandatory conditions, the remaining existing local conditions 3 to 9 and the specific conditions as detailed in paragraph 8 of the Report with the exception of the condition detailed in 8.3 (4) which will be replaced with a condition requiring that there be no playing of live and or recorded music in the smoking area after 2200 hours.

6.2 Ref: HC/INBS/163
Applicant: Great Glen Trading Centre Partnership, Tartan House, Glen Service Station, Dunard, Fort Augustus PH32 4DT
Premises: Great Glen Trading Centre, Tartan House, Glen Service Station, Dunard, Fort Augustus PH32 4DT.
Type: Off Sales

There had been circulated Report No HLB/005/16 by the Clerk which invited the Board to determine the application.

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

6.3 Ref: HC/INBS/111
Applicant: Cairngorm Canoeing and Sailing School Ltd, Insh Hall, Kincraig, By Kingussie PH21 1NU per Jonathan Freshwater.
Premises: Loch Insh Watersports, Kincraig, by Kingussie PH21 1NU

There had been circulated Report No HLB/006/16 by the Clerk which invited the Board to determine the application.

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

7.  Surrender of premises licence
Gèilleadh ceadachd togalaich

7.1 Premises: The Watermill at Skye Serpentarium, The Old Mill, Harrapool, Broadford, Isle of Skye, IV49 9AQ
Licence Holder: Catherine W Shearer

The Board NOTED that the above premises licence had been surrendered in terms of Section 28(5)(f) of the Licensing (Scotland) Act 2005.

7.2 Premises: The Top Shop, Ford Road, Broadford, Isle of Skye, IV49 9AB
Licence Holder: Harrapool Ltd

The Board NOTED that the above premises licence had been surrendered in terms of Section 28(5)(f) of the Licensing (Scotland) Act 2005.

8. Premises licence review proposal
Premises: Caledonian Hotel, Beauly

The Clerk reported that a premises licence review application had been received from the Scottish Fire and Rescue Service and advised that the Board was required to hold a hearing to determine the application. He recommended that the hearing be adjourned to 2 February 2016.

The Board AGREED to hold a premises licence review hearing and to adjourn the hearing to the next meeting on 2 February 2016.

The meeting ended at 1.10pm.