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 14 June 2016 at 1.00pm.

Present:

Dr I Cockburn, Mr A Duffy, Mr C Fraser, Mr A Henderson, Mrs L Macdonald, Ms M Smith and Mr J Stone.

In Attendance:

Ms S Blease, Clerk
Ms C McArthur, Solicitor–Regulatory Services
Mr I Cox, Licensing Standards Officer
Mr D Inglis, Licensing Standards Officer
Ms A Macrae, Committee Administrator

Also In Attendance:

Sergeant D Canning, Police Scotland
PC R Ross, Police Scotland
PC Mr J Williamson, Police Scotland
 

Item 10.1: Mr A Agnew, Personal Licence Holder
Item 11.1: Mr J Neil, Premises Licence Holder

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 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’ gheàrr-chunntais

There was submitted for confirmation as a correct record the minute of the meeting of the Highland Licensing Board held on 10 May 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/044/16 detailing licences which had been granted under delegated powers by the Clerk to the Board during the period 27 April 2016 to 31 May 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/045/16 detailing Occasional Licences and Extended Hours Applications which had been granted under delegated powers by the Clerk to the Board during the period 27 April 2016 to 31 May 2016. 

The Board NOTED the report.

6.  Supplementary guidance note on risk assessments for gambling premises
Nòta lùil leasachail mu mheasaidhean cunnairt airson aotreabhan ceàrrachd

There had been circulated Report No HLB/046/16 by the Clerk inviting the Board to approve the supplementary guidance note on risk assessments for gambling premises attached at appendix 1 and to authorise its publication.

In discussion a point was raised with regard to the definition of vulnerable persons and whether this included those who maybe addicted to gambling.

The Clerk advised that currently there was no definition of a vulnerable person but she was aware of a study being undertaken by Westminster City Council in this regard. She advised that it was unlikely the Council could resource a similar study.  However, the intention was to consult with partner agencies identify the type of features in any locality which would be seen as generically relevant to risk assessments.

A further point was raised with regard to whether premises which had previously been considered as a potential risk to vulnerable persons would now be subject to review. The Clerk advised that existing premises would only be subject to review if new issues or problems arose in respect of those establishments.  She explained that for existing premises the risk assessments would be for information only but should also identify the measures being taken to mitigate the identified risks. In regard to new premises the Board could have regard to their risk assessments and consider whether they were providing sufficient mitigation in terms of the licensing objectives.

Thereafter, the Board APPROVED the supplementary guidance note on risk assessments for gambling premises and authorised its publication.

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/1770
Applicant: Lewis Paterson Aberdeen Limited
Premises: Tigh na Cheo, Garbhein Road, Kinlochleven
Type: On Sales

There had been circulated Report No HLB/047/16 by the Clerk which invited the Board to determine the application.

The Board AGREED to grant the application subject to mandatory conditions and the special conditions set out at para 7.3 of the report.

7.2 Ref: HC/RSL/1768
Applicant: Kathleen Walker
Premises: The Old Post Office, 3 Kilvaxter Road, Kilmuir, Isle of Skye
Type: On Sales

There had been circulated Report No HLB/048/16 by the Clerk which invited the Board to determine the application.

The Board AGREED to grant the application subject to mandatory conditions and the special condition set out at para 7.3 of the report.

7.3 Ref: HC/INBS/592
Applicant: The Partnership of A and 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 Clerk which invited the Board to determine the application.

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

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/593
Applicant: Casual Dining Services Limited, 1st Floor, 163 Eversholt Street, London per Brodies, 15 Atholl Crescent, Edinburgh
Premises:  Bella Italia, Unit 3A, Inverness Retail Park, Eastfield Way, Inverness
Type:  On and Off Sales

There had been circulated Report No HLB/050/16 by the Clerk which invited the Board to determine the application.

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

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

9.1 Ref: HC/RSL/1570
Applicant: Ian Rodger, t/a Sunny’s Sports Bar Limited
Premises:  Sunny’s Sports Bar (formerly The Basement), 19 Middle Street, Fort William
Type: On and Off Sales

There had been circulated Report No HLB/051/16 by the Clerk which invited the Board to determine the application.

The Board AGREED to grant the application subject to the mandatory conditions and replacing existing local conditions with the local conditions stated at paragraph 8.2 of the report

9.2 Ref: HC/RSL/1726
Applicant:  Paul Ross Nicolson. 
Premises:  Uig Filling Station, Uig Pier, Isle of Skye
Type: On sales

There had been circulated Report No HLB/052/16 by the Clerk which invited the Board to determine the application.

The Board AGREED to grant the application subject to 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:  Alan Robert Agnew (HC/RSL/3050)

There had been circulated Report No HLB/053/16 by the Clerk which advised that notification had been received from Police Scotland under Section 83(4)(b) that Mr A R Agnew, a personal licence holder and premises manager of the Misty Isle Hotel, Dunvegan, had been convicted on 15 March 2016 of two relevant offences. The first offence was for allowing the consumption of alcohol on the premises outwith licensed hours and the second offence was for being drunk while on the premises.

The Clerk also circulated copies of correspondence from Police Scotland to Mr J Neil, the premises licence holder for the Misty Isle Hotel, indicating a history of  incidents involving drugs and drunkenness at the hotel since Mr Agnew became its premises manager in July 2011.

At Mr Agnew’s request, an undated letter from Robert Kyle, Dunvegan Taxi Private Hire, was also circulated.  The letter advised that Mr Kyle had picked up a wedding party at Dunvegan Castle between 22.00 hours and 23.00 hours on 22 July 2015 and had driven them to the Misty Isle Hotel.  The hotel was closed when Mr Kyle and his passengers arrived there, but Mr Agnew had then let Mr Kyle’s passengers into the hotel.

Sergeant D Canning, Police Scotland proceeded to speak to the Police Scotland letter of 20 May 2016 attached at Appendix 1 to the report and which gave further detail of the circumstances of the offences of which Mr Agnew had been convicted. Sergeant Canning confirmed that he was a direct witness to the offences which had given rise to the convictions.  Reference was also made to the Police Scotland letter of 31 May 2016 attached as Appendix 1 to Report No HLB/054/16 which indicated that Sergeant Canning had also witnessed persons drinking in the bar of the hotel outwith licensed hours on 4 May 2016.

In conclusion, Sergeant Canning advised that in terms of Section 83(5)(a)&(b) of the Licensing (Scotland) Act 2005, the Chief Constable,  having regard to this information, recommended that Mr Agnew’s personal licence be endorsed, suspended or revoked.

Mr A Agnew then addressed the Committee. In summary he explained that on the evening of 22 July 2015 he had closed the premises.  His sugar count was low and he was fetching something to eat, when a party of fourteen visitors arrived at the premises insisting they had paid for accommodation at the Hotel for that night.  It was raining heavily at the time and therefore he had let the visitors into the bar. He had telephoned the member of staff who had been on duty earlier that night and after about half an hour she had called him back and confirmed that the visitors were not booked in.  He was agitated because his sugar count was low.  The party of visitors continued to insist they were booked into the hotel and then the Police arrived.  He explained that there had been a young child in the bar, but that he had been with his parents and he had only allowed them in until such time as he resolved the problem.  Eventually it was established that the party were booked into the nearby Dunvegan Hotel.  He tried to explain the situation to the Police but they had not listened and were concerned only with clearing the bar of the visitors who were already in the process of leaving the premises.

Mr Agnew advised that he had not served any alcohol to the visitors and that they had entered the premises with alcoholic drinks they may have purchased at the nearby Castle.  Sergeant Canning could have checked the till in this regard given that it was on a timer but had had not taken the opportunity to do so.  Sergeant Canning had also stated that Mr Agnew was drunk but had not taken the time to look at him properly or smell his breath.  Mr Agnew denied he had been drunk and advised that as a result of having a low on his sugar count his speech had been affected and he had been unsteady on his feet.  He had finally found the taxi driver who had delivered the party to the premises and he had provided the letter to this effect which had been circulated to the Board.  In conclusion Mr Agnew insisted that he had done nothing wrong and had only been trying to solve a problem for a party of visitors who required assistance.

Thereafter and in response to questions from Members, Mr Agnew stated that:-

• He was not diabetic, but he had attended a hospital appointment approximately four years ago at which he was advised that he was at risk of becoming a diabetic.  On this and subsequent check-ups he had been given advice on dietary measures which would control his condition without the need for medication and the precautions he should take if he felt any ill effects.
• He explained that on 22 July 2015 he had been on his feet all day and in such circumstances he tired rapidly and became unsteady on his feet; 
• He had never consumed alcohol while working behind the bar at the premises.

Sergeant D Canning then proceeded to sum up the Police case.  He advised that from his perspective as a witness to the incident it seemed that he had come upon a party which was going on after licensed hours.  The door of the premises was wide open so he’d been able to walk into the premises. Mr Agnew was observed consuming alcohol at the bar by both Sergeant Canning and his colleague.  There were also several other people in the premises consuming alcohol.  He could not confirm if they had purchased it there or not but they were clearly drinking alcohol and most of them were intoxicated.  There was also a young child in the premises in the bar area.  In conclusion he suggested that Mr Agnew should not continue to hold a personal licence on the basis of how the premises were being run.

In response to a question from the Chair, Mr Agnew advised that the party of visitors arrived at the premises at approximately 11.30/11.45pm although he couldn’t be certain of the exact time. Sergeant Canning confirmed that the Police had arrived to check on the hotel at 1.30 am given similar problems which had been observed the previous evening during a routine patrol. They had observed loud music playing, intoxicated people within the premises, Mr Agnew drinking within the premises, intoxicated, smelling of drink, staggering, slurring his words, and not recognising the Police when they had been standing next to him.

The Chair clarified that the visitors had therefore been on the premises for approximately two hours. Mr Agnew denied this had been the case advising that he had been uncertain of the arrival time and that the member of staff on duty at the Dunvegan Hotel had confirmed to him that the party had been back at that Hotel by 1 am.

In response to further questions from Members, the Clerk confirmed that Mr Agnew had been convicted at Portree Sheriff Court on 15 March 2016 of two offences. The first conviction had been for allowing the consumption of alcohol on the premises outwith licensed hours and the second conviction was for being himself inebriated while on the premises.

Mr Agnew then proceeded to sum up his case which in summary was as follows:-

•  On taking over the premises he had made it clear that any unacceptable behaviour would not be tolerated.  The local people now knew the rules and he no longer experienced any issues in terms of behaviour.
•  Drugs of any description were not tolerated in the premises and this was no longer an issue.
•  He was very protective towards children, having children and grandchildren of his own.  On that particular night he had allowed the child to sit in the corner of the bar due to the inclement weather outside.
•  On the case going to court he could not defend himself properly because he could not remember too much.  Subsequently, however, a number of witnesses had come forward on a voluntary basis with information which questioned the evidence given against him in court, for example in relation to the time the party of visitors left the Misty Isle Hotel.
• The hotel was ready to fully re-open, additional staff having been engaged and following investment of a significant sum of money in renovating the hotel over the past couple of years.  This was now at risk.

The Board proceeded to debate the application.  During debate concern was expressed that the personal licence holder had advised the Board he had never consumed alcohol while working behind the bar.  However Mr Agnew had been observed by the Police drinking alcohol behind the bar and in addition he had received a court conviction for being drunk on the premises.  It was suggested that the key issue was whether to believe the Police or Mr Agnew’s versions of event, but that given there had been other witnesses it was suggested the Police version was more credible and that the personal licence should be revoked.

During further discussion and in response to the Clerk, Members expressed the view that based on the evidence of the Police together with the fact that Mr Agnew’ had been convicted of relevant offences in a court of law that his licence should be revoked for the purposes of the licensing objectives referred to in the Police letter dated 20 May 2016.  

The Board AGREED to revoke the personal licence held by the licence holder on the grounds that the Board was satisfied that it was necessary to do so for the purposes of the following licensing objectives: preventing crime and disorder, preventing public nuisance and protecting children from harm.

11.  Licensing (Scotland) Act 2005 Section 36 – review of premises licence     Achd Ceadachd (Alba) 2005 Earrann 36 – èisteachdan breithneachaidh air ceadachdan thogalaichean

11.1     Licence holder : John Neil
Premises : Misty Isle Hotel, Dunvegan, Isle of Skye (HC/RSL/0179)

There had been circulated Report No HLB/055/16 by the Clerk which advised that an application requesting a review of the premises licence relating to the Misty Isle Hotel, Dunvegan had been received from the Chief Constable dated 31 May 2016.

Sergeant D Canning, Police Scotland proceeded to summarise the Police Scotland letter of 31 May 2016 attached at Appendix 1 to the report.  In conclusion he advised that it was the view of the Chief Constable that suspension or revocation of the premises licence would be appropriate for the purpose of the licensing objectives of preventing crime and disorder, preventing public nuisance and protecting children from harm.

Thereafter, the Licensing Standards Officer referred to the terms of his report which was attached as Appendix 2 to the report.  In conclusion he advised that if the premises licence was to continue to have effect the licence holder should be putting in place a formal arrangement for supervision of the tenant of the premises, Mr Alan Agnew, whose conduct and management of the premises had resulted in this particular review.  He suspected that it would be difficult to have any confidence that a substitute manager or a requirement that another personal licence holder be present on the premises would have significant beneficial effect if that person was employed by or otherwise operating under the direction of the tenant, Mr Agnew.

The Board then heard from Mr John Neil, premises licence holder.  Mr Neil advised that he had known Mr Agnew for 14 years and had owned the hotel for about 23 years.  He found Mr Agnew to be a good person and of good character and had never had any problems with leaving him in charge of the premises.  In addition he had never seen Mr Agnew intoxicated and found it difficult to believe that he had been drunk behind the bar.  He had barred Mr Ritchie from the premises once he realised that he was dealing in drugs and also informed the Police that he was barred from the premises.

Mr Neil continued that he was hoping to sell or lease the premises and explained that it had not been advertised with an estate agent as he wanted a local person to take on the premises and not a stranger.  He also explained that the reason he had not been at the premises for some time was was that he had been looking after his elderly mother, which was his priority.  Finally he indicated that the Police report of his conversation with Sergeant Bruce Gray had been taken out of context. He had telephoned Sergeant Gray and much of that conversation had been distorted by the Police.

Thereafter, and during Members questions, it was queried whether Mr Neil had considered the possibility of someone from outwith the area and with an unblemished licensing history taking over the hotel to rejuvenate it and reorganise how the premises was operated.

Mr Neil advised that if he brought someone in there was no guarantee that they would run it any better than Mr Agnew and therefore he would seek to sell or lease it to a local person. He reiterated that he did not have the time to be on the premises in person.

During the debate, concern was expressed at the ongoing issues at the premises since 2012 and uncertainties over whether any new tenant coming in would be known to Mr Agnew or Mr Neil and would operate the premises in a better way.  Accordingly the view was expressed that premises licence should be revoked.

Thereafter, and in response to the Clerk, Members confirmed that they accepted that the grounds of review were established as set out by the Police and that it was necessary for the purposes of the licensing objectives referred to by the Police in their letter dated 31 May 2016 to revoke the licence.

The  Board AGREED to revoke the premises licence held by the licence holder on the basis that the Board was satisfied that the grounds of review as set out in the Police Scotland report dated 31 May 2016 had been established and the Board considered it necessary to revoke the licence for the purposes of the following licensing objectives: preventing crime and disorder, preventing public nuisance and protecting children from harm.

The meeting ended at 2.20pm.