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 10 May 2016 at 1.00pm.

Present:

Dr I Cockburn, , Mr A Duffy, Mr R Greene, Mrs L Macdonald,  Ms M Smith and Mr J Stone

In attendance:

Ms S Blease, Depute Clerk
Ms C McArthur, Solicitor–Regulatory Services
Mr I Cox, Licensing Standards Officer
Mr D Inglis, Licensing Standards Officer
Mrs A MacArthur, Administrative Assistant

Also in attendance:

Sergeant B Gray, Police Scotland

Item 7.2:   Mr G Jack, applicant
Item 8.1:   Mrs L Murray, Solicitor for the applicant
Item 9.2:   Mr E Gunn, applicant and Mr N Haggard, Solicitor for the applicant
Item 10.1: Mr D Campbell, licence holder
Item 11.1: Ms M Ewen, applicant
Item 12.1: Mrs L Murray, Solicitor for the applicant
Item 12.2: 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 C Fraser, Mr A Henderson, 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’ gheàrr-chunntais

There was submitted for confirmation as a correct record the minute of the meeting of the Highland Licensing Board held on 29 March 2016.

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/032/16 detailing licences which had been granted under delegated powers by the Depute Clerk to the Board during the period 16 March 2016 to 26 April 2016.

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/033/16 detailing occasional licences and extended hours applications which had been granted under delegated powers by the Depute Clerk to the Board during the period 16 March 2016 to 26 April 2016.

The Board NOTED the report.

6.  Highland Licensing Board Publication Scheme and Guide to Information

There had been circulated Report No HLB/034/16 by the Depute Clerk which recommended the adoption of the latest Model Publication Scheme approved by the Scottish Information Commissioner in March 2016 and the revised Guide to Information available through this Model Publication Scheme.

The Board AGREED to adopt the Highland Licensing Board Model Publication Scheme 2016 and revised Guide to Information.

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

7.1 Ref: HC/RSL/1762
Applicant: Christopher Watkiss
Premises: Redwood House, Greshornish, Edinbane, Isle of Skye, IV51 9PN
Type: On Sales and Off Sales

There had been circulated Report No HLB/035/16 by the Depute Clerk which invited the Board to determine the application.

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

7.2 Ref: HC/RSL/1765
Applicant: Avoch Sports Pavilion Members Club
Premises: Avoch Sports Pavilion Members Club, Factory Lane, Avoch, IV9 8QE
Type: On Sales and Off Sales

There had been circulated Report No HLB/036/16 by the Depute Clerk which invited the Board to determine the application.

The Depute Clerk advised that a late letter of objection had been received from Ms J Nelson and in accordance with Section 135 of the Licensing (Scotland) Act 2005 she invited the Board to consider whether the objection should be accepted. She advised that the objector had been contacted and invited to explain the reasons for her late objection, either in person at the meeting or in writing. In response a letter had been received from the objector which explained the reasons why the objection was late.  The terms of this letter were then read out to the Board. 

Mr G Jack, the applicant, was invited to respond and confirmed that he was content for the late objection to be heard.  Following discussion, the Board AGREED to consider the late objection, copies of which the Depute Clerk then circulated to all parties, together with photographs supplied by the objector.

Thereafter, Mr G Jack spoke in support of the application during which he responded to the matters raised in objection.  He advised that there had been problems with litter and nuisance associated with young people congregating at the premises when the building had been in disuse.  However since taking over the Pavilion, the applicants had sought to deal with these issues, for example through the provision of litter bins and also by undertaking environmental improvements so that it was no longer a gathering point for youths.  He advised that the Club was a not for profit organisation and any monies raised were being used to improve the premises and its surrounds which would be to benefit of the objector and local community.

In response to questions from Members in regard to the photographs provided by the objector, Mr Jack advised that works to improve the area were being undertaken on a phased basis as funding permitted, and acknowledged there were some areas which remained to be cleared as part of these ongoing works.   He also confirmed that it was not proposed to allow outdoor drinking at the premises and that the smoking area was located to the front of the premises, at the furthest point away from the objector’s property.

The Licensing Standards Officer advised that if the objection had been received earlier then discussions could have been held between all parties which might have helped to allay some of the objector’s concerns.  He explained there had been issues of nuisance and litter around the premises in the past and confirmed that the photographs submitted by the objector were  inaccurate in terms of the current position.  He advised that there would be benefits to the community from the upgrading of the premises and surrounding area and he emphasised that the Pavilion was intended to be operated as a community resource and not a public house type premises.  He also clarified that outdoor drinking was included in the operating plan but that a condition had been recommended to the effect that alcoholic or non-alcoholic drinks could not be consumed outside the premises after 2230 hrs.  The applicants had indicated their willingness to meet with the objector to resolve any issue and in this regard he suggested that a further condition be added to any grant of a licence requiring that a noise management plan be submitted for incorporation into the operating plan.

In discussion, it was suggested that the application should be granted, subject to an appropriately worded noise management plan being incorporated into the operating plan.

The Board AGREED to grant the application subject to the mandatory conditions and the local conditions recommended at paragraph 7.2 of the report together with a further condition incorporating a noise management plan into the operating plan.

7.3 Ref: HC/INBS/591
Applicant: The Partnership of A & V Durant
Premises: Aviemore Holiday Park Dalfaber Road, Aviemore, PH22 1PU
Type: On Sales and Off Sales

There had been circulated Report No HLB/037/16 by the Depute Clerk which invited the Board to determine the application.

The Board AGREED to grant the application subject to the mandatory conditions and the local and special conditions recommended at paragraphs 7.2 and 7.3 of the report.

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/590
Applicant: Yuk Ting Cheng per Lorna Murray
Premises:  19 Young Street, Inverness, IV3 5BL
Type:  On Sales

There had been circulated Report No HLB/038/16 by the Depute Clerk which invited the Board to determine the application.On hearing from Mrs L Murray for the applicant, the Board AGREED to grant the application subject to the mandatory conditions and the special conditions recommended at paragraph 7.3 of the report.

8.2 Ref: HC/CSR/1766
Applicant: Assynt Biz Ltd
Premises:  Glen Canisp Lodge, Glen Canisp, Assynt
Type:  On and Off Sales

There had been circulated Report No HLB/039/16 by the Depute Clerk which invited the Board to determine the application.

The Board AGREED to grant the application subject to the mandatory conditions and the local, special and late opening conditions recommended at paragraph 7.2, 7.3 and 7.4 of the report.

9.  Licensing (Scotland) Act 2005                                                          
Application for variation (major) to provisional premises licences
Achd Ceadachd (Alba) 2005
Larrtasan airson caochladh (mòr) a thaobh ceadachdan thogalaichean

9.1 Ref: HC/RSL/0437
Applicant: Bamon Limited, 7-11 High Street, Fort William, PH33 6DH.
Premises:  Crofter Bar & Restaurant, 7-11 High Street, Fort William
Type: On-sales

There had been circulated Report No HLB/040/16 by the Depute Clerk which invited the Board to determine the application.

Arising from the report, the Board was advised that requirements of the late night opening mandatory conditions in relation to CCTV provision and the adoption and submission of evacuation and misuse of drugs policies had not yet been met..  The Depute Clerk requested that she be granted delegated powers to issue the licence once these requirements were met.

The Board AGREED to grant delegated powers to the Principal Solicitor to issue the licence once the conditions relating to CCTV and the evacuation and misuse of drugs policies were met and subject to the mandatory conditions and the local, special and late opening conditions recommended at paragraphs 8.2, 8.3 and 8.4 of the report.

9.2 Ref: HC/RSL/0269
Applicant:  The Edinburgh Woollen Mill Limited. 
Premises:  Spean Bridge Woollen Mill, Spean Bridge, PH34 4EP
Type: Off-sales

There had been circulated Report No HLB/041/16 by the Depute Clerk which invited the Board to determine the application.

On hearing from Mr N Haggard for the applicant, the Board AGREED to grant the application subject to the mandatory conditions only.

10.  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

10.1     Licence Holder:  Daniel J Campbell (HC/INBS/11/1214)

There had been circulated Report No HLB/042/16 by the Depute Clerk which advised that notification had been received from Police Scotland under Section 83(4)(b) that Mr D J Campbell, personal licence holder had incurred a conviction.

The Depute Clerk advised that Police Scotland had made no recommendation in terms of any action to be taken against the licence holder.

Mr D Campbell expressed regret at his actions which had led to the conviction in 2012 and provided an assurance there would be no recurrence in future. 

The Board AGREED to take no action in relation to the licence holder.

11.  Licensing (Scotland) Act 2005 Section 74 - hearing to consider and determine an application for personal licence                                     
Achd Ceadachd (Alba) 2005 Earrann 74 – èisteachd gus beachdachadh air iarrtasan airson ceadachd phearsanta

11.1     Applicant: Moira Ewen (HC/INBS/5034)

There had been circulated Report No HLB/043/16 by the Depute Clerk which advised that that notification had been received from Police Scotland under Section 83(4)(b) that the applicant, Ms M Ewen, had incurred a conviction.

The Depute Clerk advised that the Police had no objections to the application being granted.

Ms M Ewan spoke in support of her application during which she advised that her personal circumstances had changed since the offence and she provided an assurance that there would be no recurrence in future.

The Board AGREED to grant the application.

12.  The Licensing (Scotland) Act 2005 Section 43
Notice of conviction                                                                            
Achd Cheadachd (Alba) 2005, Earrann 43
Brath dìtidh

12.1 Licence holder: Tesco Stores Limited
Premises:          

1. Tesco, Mart Road, Dingwall
2. Tesco, Latheron Lane, Ullapool
3. Tesco, High Street, Fort William
4. Tesco, Wick Airport, Wick
5. Tesco, Millbank Road, Thurso
6. Tesco, Shore Street, Tain
7. Tesco Extra, Eastfield Way, Inverness Retail Park, Inverness
8. Tesco (Inshes), Inverness
9. Tesco Superstore, Dores Road, Inverness
10. Tesco Metro, Grampian Road, Aviemore
11. Tesco Metro, Tomnahurich Street, Inverness

The Board was advised that Police Scotland had given notice of a relevant conviction by letter of 30 March 2016 which had been circulated. Police Scotland had made no recommendation that the licences be varied, suspended or revoked.

The Board AGREED to note the conviction and to take no action.

12.2 Licence Holder: Aldi Stores
Premises:

(i)         Aldi, 3A North Road, Fort William, Highland, PH33 6SU

(ii)        Aldi, Inshes Retail Park, Inverness, IV2 3TW

(iii)       Aldi, 16 Telford Street, Inverness, IV3 5JX

The Board was advised that Police Scotland had given notice of a relevant conviction by letter of 2 May 2016 which had been circulated.  Police Scotland had made no recommendation that the licences be varied, suspended or revoked.

The Board AGREED to note the conviction and to take no action.

The meeting ended at 12.35pm.