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 2 February 2016 at 1.00pm. 

Present:

Dr I Cockburn, Mr C Fraser, Mr R Greene, 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
Ms A Macrae, Committee Administrator 

Also In Attendance:

Sergeant B Gray, Police Scotland
Station Manager D Latto, Scottish Fire and Rescue Service

Item 7.1: Mr G Lavery, Area Manager and Mr A Maciver, Solicitor for the applicant
Item 8.2: Mr S Anderson, applicant
Item 9.1: Ms S McCracken and Ms M Porteous, for the applicants and Mrs L Murray, Solicitor for the Applicant 
Item 11.2: Mr I M Campbell, premises licence holder and 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, Mr A Henderson and Mrs G Sinclair.

2. Declarations of interest 
Foillseachaidhean com-pàirt

There were no declarations of interest. 

3. Confirmation of minutes
Dearbhadh a’ gheàrr-chunntais

There were submitted for confirmation as correct records:

i. the minute of the meeting of the Highland Licensing Board held on 8 December 2015; and
ii. the minute of the meeting of the Highland Licensing Board held on 5 January 2016.

The minutes were held as read and APPROVED.

3.  Licensing (Scotland) Act 2005
Licences granted under delegated powers
Achd Ceadachd (Alba) 2005
Ceadachdan a bhuilicheadh fo ughdarras air a thiomnadh

There had been circulated Report No HLB/007/16 detailing licences which had been granted under delegated powers by the Clerk to the Board during the period 9 December 2015 to 19 January 2016.

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 ughdarras air a thiomnadh

There had been circulated Report No HLB/008/16 detailing occasional licences and extended hours applications which had been granted under delegated powers by the Clerk to the Board during the period 9 December 2015 to 19 January 2016.

The Board NOTED the report.

6.  Licensing (Scotland) Act 2005
Applications for new premises licences
Achd na Ceadachd (Alba) 2005
Larrtas airson cheadachdan thogalaichean ura

6.1 Ref: HC/INBS/580
Applicant: Gareth and Iona Craft t/a Red Roof Café Gallery
Premises: Red Roof Café Gallery, Holmisdale, Glendale, Isle of Skye, IV55 8WS
Type: On Sales

There had been circulated Report No HLB/009/16 by the Clerk inviting the Board to determine the application.

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

6.2 Ref: HC/INBS/ 585
Applicant: Catherine (Kate) Margaret Clark, The Old School House, Duthil, Carrbridge, PH23 3NA.
Premises: Carrbridge Kitchen, Main Street, Carrbridge PH23 3AS
Type: On and Off Sales

There had been circulated Report No HLB/010/16 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 conditions detailed in paragraph 7 of the Report. 

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

7.1 Ref: HC/INBS/586
Applicant: Martin McColl Limited, McColls House, Ashwells Road, Brentwood, Essex CM15 9ST per Lockett and Co, Lockett House, 13 Church Street, Kidderminster, Worcestershire, DY10 2AH
Premises: McColls, 8 Queen Street, Inverness IV1 1DA
Type: Off Sales

There had been circulated Report No HLB/012/16 by the Clerk inviting the Board to determine the application.

On hearing from Mr Maciver 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/INBS/291
Applicant: Marion Anderson, 4 Bellfield Park, Inverness IV4 2SZ per Flint Bishop Solicitors, St Michaels Court, St Michaels Lane, Derby,DE1 3HQ
Premises: Glenalbyn Bar, 2-4 Young Street, Inverness IV3 5BL.
Type: On and Off Sales

There had been circulated Report No HLB/013/16 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.

8.2 Ref: HC/INBS/224
Applicant: Steven Anderson, Druimvhor, Grampian Crescent, Boat of Garten, PH24 3BJ.
Premises: Andersons Restaurant, Deshar Road, Boat of Garten, PH24 3BN
Type: On and Off Sales

There had been circulated Report No HLB/014/16 by the Clerk inviting the Board to determine the application.

The Clerk reported that a timeous written objection had been received from Mr and Mrs Milne and that although they were not present at the meeting, the Board was required to take the terms of their objection into account in their determination of the application. 

Thereafter, the Board heard from Mr S Anderson, applicant, in support of his application during which he advised that he had built up his restaurant business over a number of years to the extent he could now grow the business. The application would allow him the flexibility to increase the number of covers served at the restaurant, run occasional functions for example at New Year, and offer a takeaway provision to customers.

Mr S Anderson referred to the matters raised in the objection and advised that the restaurant was an upmarket establishment and not the type of premises to generate any noise disturbance or anti-social behaviour. He enjoyed a good relationship with the objectors who owned the property next door to the premises and had met with them and provided assurances in regard to the points they had raised in their objection. He also explained that the local church had granted him the use of their car park which was located across the road from the premises, and that appropriate signage had been erected at the premises advising patrons of the availability of this facility.

The Licensing Standards Officer advised that the premises were a well-run and popular establishment with an excellent licensing history and that the recommended conditions outlined in the Clerk’s report were proportionate in terms of the successful operation of the premises to date and also the issues raised in the objection.

In response to a question from the Clerk, the applicant confirmed that he would be in a position to comply with all the recommended conditions detailed in the Clerk’s report in respect of functions.

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

8.3 Ref: HC/INBS/295
Applicant: British Legion Club (Inverness), 10 Huntly Street, Inverness IV3 5PR
Premises: The British Legion Club (Inverness) Ltd, 10 Huntly Street, Inverness IV3 5PR
Type: On and Off Sales

There had been circulated Report No HLB/015/16 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.

9. Licensing (Scotland) Act 2005
Applications for variation (major) and transfer of premises licences
Iarrtasan airson atharrachadh (mòr) agus gluasad cheadachdan thogalaichean

9.1 Ref: HC/INBS/179
Applicant: National Trust for Scotland Enterprises Ltd, Hermiston Quay, 5 Cutlins Road, Edinburgh EH11 4DF.
Premises: Culloden Battlefield Visitor Centre, National Trust for Scotland, Culloden Moor, Inverness IV2 5EU.
Type: On and Off Sales

There had been circulated Report No HLB/016/16 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 it was confirmed that the new outside drinking patio/terrace was located immediately outside the restaurant and would not extend onto or impact on the battlefield.

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

10.  Surrender of premises licence  
Gèilleadh ceadachd togalaich

10.1 Premises: Oasis Store, 170 Main Street, Lairg

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

11.  Review hearings
Moladh ath-sgrùdaidh

11.1 Review hearings – non-payment of annual premises licence fees

There had been circulated Report No HLB/017/16 by the Clerk which invited the Board to hold review hearings to consider and determine their review proposals in respect of those premises for which the annual licence fees remained unpaid.

The Clerk provided an update in regard to the report and advised that payment of the annual fee had now been received from the Sonachan Hotel, Kilchoan. He confirmed that no parties were present at the meeting to represent the remaining premises in respect of which the annual fee remained unpaid and recommended that the premises licences for those premises be revoked.

The Board AGREED to to revoke the premises licence for those premises whose annual fee remained unpaid.

11.2 Review hearing - Caledonian Hotel, Beauly

There had been circulated Report No HLB/018/16 by the Clerk which advised that a premises licence review application under Section 36 of the Licensing (Scotland) Act 2005 had been received from the Scottish Fire and Rescue Service in respect of the Caledonian Hotel, Beauly on the grounds of an alleged breach of the licensing objective of securing public safety. The report invited the Board to determine the application by way of a review hearing.

The Clerk advised that he had an interest in this item and left the chamber for the remainder of the meeting. The Depute Clerk presented the item.

Station Master D Latto, Scottish Fire and Rescue Service reported that the premises were subject to an enforcement notice issued under section 64 of the Fire (Scotland) Act 2005 (as amended) due to a number of fire safety issues. He advised that one of the requirements of the notice was that an electrical installation report be commissioned due to concerns in relation to the mains electrics within the premises. The testing had been carried out in May 2015 and the findings had confirmed the dangerous condition of the wiring within the premises, and he provided further details in this regard. The licence holder had voluntarily ceased trading at this time on the basis that the conditions were considered so serious that a prohibition notice under section 63 of the Fire (Scotland) Act 2005 would have been served if trading had continued.

Station Master Latto reported that during a recent meeting the licence holder had indicated he was not in a financial position to carry out the necessary repair work due to loss of income. He had further indicated that he would be exploring the possibility of opening up the bar area for the provision of selling alcohol. It was therefore the view of the Scottish Fire and Rescue Service that the premises posed a serious risk to public safety. There was also a serious concern regarding the safety of the licence holder and his partner who resided in the premises and that as this was outwith the scope of the Fire (Scotland) Act 2005, the Service had informed the Council’s Building Control and Environmental Services of the position.

Mrs L Murray then spoke on behalf of the premises licence holder, during which she confirmed that the premises would remain closed until such time as the Scottish Fire and Rescue Service were satisfied that the fire safety issues highlighted in the enforcement notice had been addressed to their satisfaction. Her client had commissioned an electrical installation report and engaged the service of an electrical contractor to undertake the required works, and it was anticipated that all works would be completed by the end of March 2016. Her client had also engaged the services of a consultancy firm to assist with the preparation of a fire risk assessment and to deal with the other compliance issues highlighted in the enforcement notice.

Mrs Murray further reported that her client was content that the premises licence be suspended until such time as the Scottish Fire and Rescue Service was satisfied that all fire safety issues highlighted in the enforcement notice had been addressed. She suggested that a period of six months would be appropriate in this regard, subject to the Clerk being granted powers to lift the suspension in the event that the required works were completed and deemed satisfactory prior to that date. 

Thereafter, the Board AGREED to suspend the premises licence for six months on the grounds that the licensing objective, securing public safety, was not being complied with due to the concerns of the Scottish Fire and Rescue Service and to grant delegated powers to the Clerk to lift the suspension in the event that the works required by the Scottish Fire and Rescue Service have been completed prior to that date.

The meeting ended at 1.25pm.