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 9 August 2016 at 1.00 pm.

Present:

Dr I Cockburn, Mr A Duffy, Mr C Fraser, Mr R Greene, Mr A Henderson, Mrs L Macdonald, Mrs G Sinclair, 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
Mrs A MacArthur, Administrative Assistant

Also In Attendance:

Sergeant B Gray, Police Scotland
PC J Williamson, Police Scotland

Item 6.2: Mr N Swanney, applicant’s representative
Item 6.4: Mr K Cameron-Ross, applicant
Item 6.5: Mrs L Murray, the applicant’s solicitor
Item 7.1: Mrs L Murray, the applicant’s solicitor
Item 8.1: Ms D Scott, applicant’s representative
Item 8.3: Mr M Carswell, applicant
Item 8.4: Mr E Moine, applicant
Item 8.5: Mr G Booth, applicant
Item 8.6: Mr N Hazard, applicant’s solicitor and Mr B Guthrie, business development manager of Greene King Retailing Ltd
Item 8.7: Mr N Hazard, applicant’s solicitor
Item 8.8: Mr and Mrs P McCallum, applicants, Mr N Hazard, applicant’s solicitor and Mr B Guthrie, business development manager of Greene King Retailing Ltd
Item 8.10: Mr Hazard, the applicant’s solicitor
Item 9.1: Ms A K MacKenzie, applicant
Item 9.2: Mr N R Parkin, applicant

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

There were no apologies for absence.

2.  Declarations of Interest
Foillseachaidhean Com-pàirt

Item 6.6 – Mr C Fraser, (non-financial).

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 14 June 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/056/16 detailing licences which had been granted under delegated powers by the Clerk to the Board during the period 1 June 2016 to 26 July 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/057/16 detailing occasional licences and extended hours applications which had been granted under delegated powers by the Clerk to the Board during the period 1 June 2016 to 26 July 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/RSL/1777
Applicant: Holmisdale Partners, 16 Holmisdale, Glendale, IV55 8WS
Premises: Glendale Shop and Post Office, 2 Lephin, Glendale, IV55 8WJ
Type: Off Sales

There had been circulated Report No HLB/058/16 by the Clerk.

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

6.2  Ref: HC/INBS/595
Applicant: WoodWinters Wines and Whiskies, Unit 4 and 5, 15 Borrowmeadow Road, Stirling, FK7 7FB
Premises: WoodWinters Wines and Whiskies, Bow Court, 74 Church Street, Inverness, IV1 1HP
Type: Off Sales

There had been circulated Report No HLB/059/16 by the Clerk.

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

6.3  Ref: HC/INBS/596
Applicant: Silverfjord Kingussie Limited, 63 Saughton Road North, Edinburgh, EH12 7JA
Premises: The Silverfjord, Ruthven Road, Kingussie, PH21 1ES
Type: On and Off Sales

There had been circulated Report No HLB/060/16 by the Clerk.  The Clerk advised that the report should be amended at paragraph 3.5 to read “One timeous representation had been received from the Kingussie and Vicinity Community Council”.

The representation expressed concern over lack of provision for coach parking at the premises and the potential for noise or disturbance to nearby residents.  However the Licensing Standards Officer was satisfied that there was sufficient coach parking available in the vicinity.  With regard to noise, he had proposed adding a special condition to mitigate any disturbance.

The Board AGREED to grant the application subject to mandatory conditions, the local conditions set out at para 7.2 of the report and the special conditions set out at para 7.3 of the report.

6.4 Ref: HC/INBS/597
Applicant: Loch Ness Spirits Limited, Athbhinn, Dores, Inverness, IV2 6TU
Premises: Loch Ness Spirits Limited, Athbhinn, Dores, Inverness, IV2 6TU
Type: Off Sales

There had been circulated Report No HLB/061/16 by the Clerk.  The Clerk confirmed that the report should be amended at paragraph 7.2 to read “No local conditions are considered necessary”.

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

6.5 Ref: HC/RSL/1778
Applicant: Derek Forsyth (Trustee of Helen M A Ferguson)
Premises: Sonachan Hotel, Kilchoan, Argyll, PH36 4LN
Type: On and Off Sales

There had been circulated Report No HLB/062/16 by the Clerk.

The Clerk advised that a late objection had been received from the Scottish Fire and Rescue Service but that the matter had now been resolved and the objection withdrawn.

Mrs Murray, the applicant’s solicitor, stated that the Fire and Rescue Service had been awaiting paperwork but that had now been provided.

The Board AGREED to grant the application subject to mandatory conditions, the local conditions set out at para 7.2 of the report and the special conditions set out at para 7.3 of the report.

6.6 Ref: HC/CSR/1776
Applicant: Graham Deakin
Premises: The Factors House, Rosenberg, Denny Road, Cromarty
Type: On Sales

Declaration of interest: Mr C Fraser declared a non-financial interest in this item as he was personally acquainted with the applicant and left the chamber for the duration of the item.

There had been circulated Report No HLB/063/16 by the Clerk.

The Board AGREED to grant the application subject to mandatory conditions and the special condition detailed at para 7.3 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/594
Applicant: The Restaurant Group (UK) Limited, 5-7 Marshalsea Road, London, SE1 1EP per Pinsent Massons LLP, 141 Bothwell Street, Glasgow, G2 7EQ
Premises:  Frankie and Benny’s, Unit 3Ai, Inverness Shopping Park, Eastfield Way, Inverness, IV2 7GD
Type:  On Sales

There had been circulated Report No HLB/064/16 by the Clerk.

On hearing from Mrs Murray, the applicant’s solicitor, the Board AGREED to grant the application subject to mandatory conditions, the local condition set out at para 7.2 of the report and the special conditions set out at para 7.3 of the report.

7.2  Ref: HC/CSR/1771
Applicant: Visit Applecross Ltd
Premises:  The River Café, Shore Street, Applecross, Strathcarron
Type:  On and Off Sales

There had been circulated Report No HLB/065/16 by the Clerk.

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

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/0714
Applicant:  Hart Hotels Limited
Premises:  Mackays Hotel and Spa Lodge, The Square, Strathpeffer
Type:  On Sales

Variation:    

1. Increase on-sales licensed hours on a Saturday and Sunday to terminate at 0100 hrs the following day.
2. Increase licensed hours on a Sunday to commence at 1100 hrs.
3. Add a seasonal variation to take advantage of any period of extended hours agreed by the Board over the festive period.
4. To the list of activities and services outwith core hours add the outdoor drinking area.
5. Amend wording of the justification for activities and services to be provided outwith core hours.
6. At other activities and services to be provided delete references to a computer network and televisions and add charity and fundraising events.
7. Amend children and young persons terms of entry by substituting the term “suitable, responsible adult” for “parent or guardian”.
8. In respect of young persons amend the terms of entry so as to allow, at the discretion of the management, young persons to be on the premises otherwise than when accompanied by an adult.
9. Amend the children and young persons “parts of the premises” section so as to read “All public parts of the premises subject to the terms of entry”.

There had been circulated Report No HLB/066/16 by the Clerk.

Ms D Scott, a representative for the hotel, was in attendance but made no submission to the Board.

The Board AGREED to grant the application subject to mandatory conditions, the existing local conditions, the additional local condition set out at para 8.2 and the late opening premises conditions set out at para 8.3 of the report.

8.2  Ref:  HC/CSER/0369
Applicant:  Richard Mackay and Sons (Durness) Limited
Premises:  Richard Mackay and Sons, Durine, Durness, IV27 4PN
Type:  Off Sales

Variation:

1.  Increase off sales operating hours on Monday to Sunday to commence at 1000 hrs and terminate at 2200 hrs.

There had been circulated Report No HLB/067/16 by the Clerk.

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

8.3  Ref:  HC/INBS/16
Applicant: Mark Carswell, Columba House Hotel, Manse Road, Kingussie, PH21 1JF
Premises:  Scot House Hotel, Newtonmore Road, Kingussie, PH21 1HE
Type:  On and Off Sales

Variation:

1. Terminal hours Monday to Thursday to be extended to 0100 hrs rather     than 2400 hrs.
2. Sunday hours to commence at 1100 hrs rather than 1230 hrs and terminate at 0100 hrs rather than 2400 hrs.
3. Off sales to be provided 1000-2200 hrs Monday-Sunday.
4. Activity of gaming to be provided.
5. Televised sport to be provided outwith hours and will be available at all times to residents.
6. Childrens' Policy redesigned to allow more access as follows:
   6(b) "Children are permitted access when accompanied by a responsible adult.  Young Persons can access the premises unaccompanied until 2200 hrs; after which time they require to be accompanied by an adult."
   6(c) "0-17 years."
   6(d) "Children and Young Persons can access the premises at all times according to the terms of Section 6(b)."
   6(e) "all public areas."
7. The premises will seek to operate according to any period of extended licensed hours offered by the Highland Licensing Board such as the festive hours extensions and any other period.
8. Varying the internal layout of the premises, new reception counter has been built, lounge area is now a dining area, reception area is now a lounge area.
9. Layout plans have been re-configured.

There had been circulated Report No HLB/068/16 by the Clerk.

The Licensing Standards Officer referred to the history of the hotel which had now been taken over by Mr Carswell.  Mr Carswell had re-energised the hotel and was working to attract new clientele, the hotel had become very busy and Mr Carswell was working to mitigate the objections in relation to noise.  Conditions to mitigate noise were proposed by the Licensing Standards Officer.

The Board then heard from Mr Carswell who had met with the Licensing Standards Officer and with Sergeant Gray and thereafter had been proactive in taking action to mitigate any noise.  He had submitted a Noise Management Plan which included measures such as reducing the volume of the juke box and the times that it was played, installing CCTV for the perimeter of the premises, handing out lollipops when people left the premises at closing time, no drinks outside after 9.00 pm and on the adjoining property, Arden House, the male toilets had been soundproofed and a window had been boarded up.  In addition, the bottle bins had been moved and he restricted bottle disposal to before 10.00 pm.  He also ran a courtesy van to take people home at closing time to reduce noise from people waiting outside the premises for transport. Mr Carswell also advised that another two premises in Kingussie had also now gained licences and he anticipated that this would reduce the numbers at his premises and consequently also reduce noise.

The objectors were not present to speak to their objections.

The Board AGREED to grant the application subject to mandatory conditions and the special conditions set out at para 8.3 of the report.

It was further agreed that he existing local conditions should remain in place subject to the deletion of existing local conditions (e) and (g) which should be replaced with the amended local condition (e) as set out at para 8.2 of the report.

Separately, it was agreed that a Noise Management Plan must be submitted by the applicant for the LSO’s approval and thereafter incorporated into the premises licence operating plan prior to issue of the licence.

8.4  Ref:  HC/INBS/165
Applicant:  Glen Mhor Limited, 21 St Thomas Street, Bristol, BS1 6JS per Emmanuel Georges Moine
Premises:  Glen Mhor Hotel, 8-15 Ness Bank, Inverness, IV2 4SG
Type:  On Sales

Variation:

1. Increase within Section 7 of operating plan to reflect additional capacity of extension of outside drinking area.
2. Extension to outside drinking area between the main hotel and "the cottage".
3. Change 4th sentence of the description to read:
   "At the front of the Hotel main building is a licensed outside area extending to the area between the main building and "the Cottage" accommodation."

There had been circulated Report No HLB/069/16 by the Clerk.

The Clerk advised that a late letter of objection had been received from Mr Dickson and in accordance with Section 135 of the Licensing (Scotland) Act 2005 she invited the Board to consider whether the letter should be accepted.  She advised that the objector had sent a letter asking to speak at The Board but without any indication of the objection and had then been asked to submit another letter with the detail of the objection.  The objection had then been received outwith the time limit.  The Board AGREED to consider the letter and the letter was circulated.

Mr E Moine, the applicant, spoke in support of his application.  He advised that drinks had been served at the back of the hotel which had caused the disturbance and he had now moved the serving of drinks to the front of the hotel where there should be less noise disturbance.  The playing of music would be stopped at 9.00 pm.

Thereafter, the LSO, stated that there had been a history of objections from this objector in relation to this hotel although no objections had been received from other neighbours.  The applicant would submit a Noise Management Plan for incorporation in the operating plan before the licence was issued.   

The Board AGREED to grant the application subject to mandatory conditions, the existing local conditions and the special condition set out at para 8.3 of the report.

It was further agreed that a Noise Management Plan must be submitted by the applicant for the LSO’s approval and thereafter incorporated into the premises licence operating plan prior to issue of the licence.

8.5  Ref:  HC/INBS/568
Applicant:  Gary John Booth, Ben Mhor Hotel, 53-57 High Street, Grantown-on-Spey, PH26 3EG
Premises:  Ben Mhor Hotel, 53-57 High Street, Grantown-on-Spey, PH26 3EG
Type:  On and Off Sales

Variation:

1.  On Sales to terminate at 0300 hrs on Thursday, Friday and Saturday rather than 0100 hrs.

2.  On Sales to terminate at 0100 hrs from Sunday-Wednesday rather than 2400 hrs.

3.    Revised Children and Young Persons Policy to read:

6(b) Children will be allowed into the Hotel when accompanied by an adult.  Young Persons will be allowed into the Hotel unaccompanied to the restaurant area only.  When in any room with a bar counter they require to be accompanied by an adult.

6(c) 0-17.

6(d) When residents, children and young persons can access the Hotel at all times.  When non-residents, children and young persons are given access until 2300 hrs.  When the function suite is being used as a late hours venue, children and young persons will not be granted access unless attending a private function at management discretion.

6(e) All public areas.

3.  Extension of the current function suite bar into an "L" shaped bar to provide a better customer service area.

There had been circulated Report No HLB/070/16 by the Clerk.

Mr G Booth, the applicant, was present.

The Board AGREED to grant the application subject to mandatory conditions, the existing local conditions together with the additional local conditions set out at para 8.2 of the report and the special conditions set out at para 8.3 of the report.

8.6  Ref:  HC/INBS/311
Applicant:  Greene King Retailing Limited, Westgate Brewery, Bury St Edmonds, Suffolk, IP33 1QT per TLT LLP, 140 West George Street, Glasgow, G2 2HG
Premises:  Clachnaharry Inn, 17/19 High Street, Clachnaharry, Inverness, IV3 8RB
Type:  On and Off Sales

Variation:

1. Allow on sales from 1100 hrs on Sunday.
2. Allow off sales from 1100 hrs on Sunday.
3. 6(d) Children and young persons to be admitted up until 2200 hrs or until the end of meal or up until the end of any family type celebration which may be being held in the lounge

There had been circulated Report No HLB/071/16 by the Clerk.

After hearing from Mr N Hazard, the applicant’s solicitor, the Board AGREED to grant the application subject to mandatory conditions and the existing local conditions.

8.7  Ref:  HC/INBS/393
Applicant:  Punch Partnership Limited, Jubilee House, Second Avenue, Burton on Trent, DE14 2WF per TLT LLP, 140 West George Street, Glasgow, G2 2HG
Premises:  Chieftain, 2 Millburn Road, Inverness, IV2 3PS
Type:  On and Off Sales

Variation:

1. allow on sales from 1100 hrs on Sundays.
2. allow off sales from 1100 hrs on Sundays.

There had been circulated Report No HLB/072/16 by the Clerk.

The Board heard from Mr Hazard, the applicant’s solicitor, and thereafter AGREED to grant the application subject to mandatory conditions and the existing local conditions.

8.8  Ref:  HC/INBS/313
Applicant:  Greene King Brewing and Retailing Ltd, Westgate Brewery, Bury St Edmonds, Suffolk, IP33 1QT per TLT LLP, 140 West George Street, Glasgow, G2 2HG
Premises:  Jacko’s, 44 Harbour Street, Nairn, IV12 4NU
Type:  On and Off Sales

Variation:

1. On sales to terminate at 0100 hrs rather than 0030 hrs on Saturdays.
2. On and off sales to commence at 1100 hrs rather than 1200 hrs on Sundays.

There had been circulated Report No HLB/073/16 by the Clerk who advised that a correction to the Report should be made at 8.2 where the first sentence should be deleted.

The Board then heard from Mr Hazard, the applicant’s solicitor.  He advised that the managers had invested a lot of time and money into the hotel and they aimed to steer the hotel towards a mature clientele.  They had introduced themselves to the neighbours and asked them to get in touch if they had any issues with the hotel.  A Noise Management Plan had been submitted.  The applicant was happy to accept the conditions recommended by the LSO in the Report.

The LSO confirmed that a Noise Management Plan had been submitted and was awaiting approval.  He had had no issues with the new tenants and there had been very few public complaints.

The Board AGREED to grant the application subject to mandatory conditions, the existing local conditions, the special condition set out at para 8.3 of the report and the prior submission of a Noise Management Plan for the approval of the LSO and incorporation into the premises licence operating plan.

8.9  Ref:  HC/INBS/514
Applicant:  Hasna Khanom, 8 Pilmuir Road, Forres, IV36 1HD
Premises:  Shapla, 2 Castle Road, Inverness, IV2 3AA
Type:  On and Off Sales

Variation:

1. Capacity has been increased from 161 to 189.
2. Gound floor area of the premises has been extended with new seating area and bar counter.
3. Premises name to be changed to 'Shapla Indian Restaurant'.

There had been circulated Report No HLB/074/16 by the Clerk.

The Board AGREED to grant the application subject to mandatory conditions and the existing local conditions.

8.10  Ref: HC/RSL/0197
Applicant:  Martin McColl Limited, Martin McColl House, Ashwells Road, Brentwood, Essex, CM15 9ST
Premises:  McColls (formerly K K Cameron), Shopping Centre, Caol, Fort William, PH33 7DR
Type:  Off-Sale

Variation:

1. Increase off-sale terminal hour from 2000 to 2200 hours (Mon to Sun)
2. Increase alcohol display capacity from 7.29 sq m to 16 sq m
3. Change name of premises from K K Cameron to McColls
4. Increase general trading hours to 0600 hrs to 2300 hrs

There had been circulated Report No HLB/075/16 by the Clerk.

On hearing from Mr Hazard, the applicant’s solicitor, the Board AGREED to grant the application subject to mandatory conditions only.

9.  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

9.1  Applicant:  Ada Katrina MacKenzie

There had been circulated Report No HLB/076/16 by the Clerk.

The applicant was present and advised that she had nothing further to add to the covering letter which had been sent in with her application.

Sergeant B Gray stated that the Police did not object to the application.

The Board AGREED to grant the application.

9.2  Applicant:  Nigel Robert Parkin

There had been circulated Report No HLB/077/16 by the Clerk.

The applicant was present and advised that he had nothing further to add to the covering letter which had been sent in with his application.

Sergeant B Gray stated that the Police did not object to the application.

The Board AGREED to grant the application.

10.  Surrender of premises licence
Gèilleadh ceadachd togalaich

10.1  Premises:   The Bridge Hotel, Dunrobin Street, Helmsdale, KW8 6JA
Licence Holder:   The Bridge Hotel (Helmsdale) Ltd

The above premises licence had been surrendered in terms of Section 28(5)(f).

The Board NOTED that the premises licence had been surrendered.

11.  The Gambling Act 2005
Achd na Cearrachd 2005

11.1  Application for gaming machine permit for 3 machines
Ref:  HC/INBS/254
Applicant: Punch Partnership Ltd, Jubilee House, Second Avenue, Burton on Trent, DE14 2WF
Premises: Gellions Bar, 14 Bridge Street, Inverness, IV1 1HD

There had been circulated Report No HLB/077/16 by the Clerk.

The Board AGREED to grant the application.

The meeting ended at 2.00 pm.