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 4 October 2016 at 1.00pm.

Present:

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 B Gray, Police Scotland
Mr J Williamson, Police Scotland
Item 8.1: Mrs M Sutherland, applicant
Item 8.3: Mr J Allan, applicant
Item 8.4: Mr S McGowan, solicitor for the applicant
Item 9.1: Mr A Wilson, applicant and Mrs L Murray, solicitor for the applicant
Item 10.1: Mr I Rodger, applicant
Item 10.2: Mr J Houghton, applicant and Mr S McGowan, solicitor for applicant
Item 10.5: Mr M Dwyer, applicant
Item 10.7: Mrs L Murray, solicitor for the applicant
Item 10.8: Mr G Clark, on behalf of the applicant
Item 10.9: Mrs L Murray, solicitor for the applicant
Item 10.10: Ms A Owens, applicant

In the absence of the Convenor and Vice Convenor, Ms M Smith took the Chair

The Chair 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 Dr I Cockburn, Mr R Greene, Mr W Mackay and Mrs G Sinclair.

2.  Declarations of interest
Foillseachaidhean Com-pàirt.

Item 10.10: 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 9 August 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/079/16 detailing licences which had  been granted under delegated powers by the Clerk to the Board during the period 27 July 2016 to 20 September 2016 and inviting the Board to note the report.

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/080/16 detailing occasional licences and extended hours applications which have been granted under delegated powers by the Clerk to the Board during the period 27 July 2016 to 20 September 2016 and inviting the Board to note the report.

The Board NOTED the report.

6.  Chief Constable’s Report 2015/2016
Aithisg an Àrd-Chonstabail 2015/2016

There had been circulated the Chief Constable’s Report to the Highland Licensing Board for 1 April 2015 to 31 March 2016.

Sergeant B Gray, Police Scotland, presented the report.  He spoke of the success of the partnership working and joint approach undertaken by Police Scotland and the Licensing Standards Officers in relation to the inspection of premises and liaison with licensees.  He also referred to the benefits of ‘Inn Keeper’, a computerised licensing database launched in March 2016, which would allow accurate data to be held in respect of any trends or issues arising from any particular licenced premises or licence holder, which then could be addressed in conjunction with the Licensing Standards Officers. He noted that 3,567 licensing enquiries had been processed over the period and he commended the licensing staff in both organisations for the work undertaken.

In conclusion, Sergeant Gray provided an overview of offending in relation to the Licensing (Scotland) Act 2005 and reported that the number of offences in Highland was extremely low given the large number of licenced premises distributed across a vast geographical area.

Thereafter, and in response to a question, Sergeant Gray explained that disorderly conduct outside licensed premises would not be recorded within the figures set out in the report, unless the offence could be directly linked to the sale of alcohol within a particular licensed premises.

The Board NOTED the Chief Constable’s Report to the Highland Licensing Board for 1 April 2015 to 31 March 2016.  

7.  Consultation Draft Gambling Policy Statement
Dreachd Cho-chomhairle Aithris Poileasaidh Ceàrrachd

There had been circulated Report No HLB/081/16 by the Depute Clerk which, subject to any amendments which the Board may agree, invited the Board to approve the publication and issue of the proposed Consultation Draft Policy Statement set out in Appendix 1 as a formal Consultation Draft.

The Board was advised that the proposed Consultation Draft Policy Statement amended the current policy statement by including updates in the current legislation and guidance provided by the Gambling Commission. It also incorporated the supplementary guidance note on risk assessments for gambling premises which was approved by the Board on 14 June 2016.  

In discussion, it was noted the Consultation Draft Policy Statement included a statement that it was now mandatory for licensees to undertake a local risk assessment.

The Board APPROVED the publication and issue of the proposed Consultation Draft Policy Statement and agreed to invite consultation responses by 11 November 2016.

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

8.1  Ref: HC/INBS/580
Applicant: Margaret Sutherland
Premises: The Bear’s Den, Memorial Square, Brora, KW9 6NS
Type: On sales

There had been circulated Report No HLB/082/16 by the Clerk which advised that an objection to the application had been received by e-mail from Claudia and John MacGregor on 12 September 2016, a copy of which was appended to the report.

The Licensing Standards Officer reported that he had spoken with Mrs MacGregor who resided next to the premises and had explained that the Board’s overprovision policy did not apply in this case.  He had also provided an assurance that the premises would be operated as a food-led establishment with a maximum capacity of 26 persons and it was unlikely the premises would be open to 0100 hours on a frequent basis.  He had explained that he did not consider the premises would be the cause of any undue disturbance and if there were any issues arising then he could take action and if necessary the licence could be brought back to the Board for review.  In addition he did not consider there would be any issues in relation to noise arising from the disposal of waste at the premises and he had advised the objector to contact the Council’s Environmental Health Service if she had any concerns in this regard.

In conclusion, the Licensing Standards Officer reported that Mrs Macgregor had advised that she would discuss the matter further with her husband and revert back to him if they had any specific concerns.  To date no response had been received therefore while the objection had not been formally withdrawn he considered it had been possible to allay the objectors’s concerns.

The applicant, Mrs M Sutherland, confirmed she had nothing to add to the LSO’s comments.

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

8.2  Ref: HC/CSR/1785
Applicant: Carolyn A Wilson
Premises: The Larder, 45 High Street, Alness
Type: Off sales

There had been circulated Report No HLB/083/16 by the Clerk which invited the Board to determine the application.

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

8.3  Ref: HC/RSL/1791
Applicant: Kings House Glencoe Limited per Bidwells, Carn Dearg House, North Road, Fort William
Premises: The Way Inn, Kings House Hotel, Glencoe, PH49 4JA
Type: On and off sales (temporary licence)

There had been circulated Report No HLB/084/16 by the Clerk which invited the Board to determine the application.

The Board AGREED to grant the application subject to mandatory conditions and the local conditions set out at paragraph 7.2 of the report.

8.4  Ref: HC/RSL/1789
Applicant: Marc William MacVarish per TLT LLP, 140 West George Street, Glasgow, G2 2HG
Premises: Marine Hotel, Mallaig, PH41 4PY
Type: On and off sales

There had been circulated Report No HLB/085/16 by the Clerk which invited the Board to determine the application.

In response to a question, Mr S McGowan, the applicant’s solicitor, explained that previous licence holder had been sequestrated but the 28 day period allowed for the transfer of the premises licence had then expired without a transfer application having been made.  Accordingly it had been necessary to apply for a new premises licence and Mr McGowan thanked the Board for having, in the interim, granted a number of occasional licences to allow the premises to continue to operate in the intervening period.

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

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

9.1 Ref: HC/INBS/598
Applicant: Nando’s Chickenland Limited, St Mary’s House,Vicarage Crescent, London, SW11 3LD per Hill Brown Licensing, RWF House, 5 Renfield Street, Glasgow, G2 5EZ
Premises: Nando’s, Unit 3Ai, Inverness Retail Park, Eastfield Way, Inverness, IV2 7GD
Type: On and off sales

There had been circulated Report No HLB/086/16 by the Clerk which invited the Board to determine the application.

Mrs L Murray confirmed that the applicant was content to accept the conditions recommended in the report.

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

9.2 Ref: HC/CSR/1787
Applicant: Younes Amin
Premises: Keystore More, 17-19 Bridge Street, Wick
Type: Off sales

There had been circulated Report No HLB/087/16 by the Clerk which invited the Board to determine the application.

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

9.3 Ref: HC/CSR/1786
Applicant: Teresa Wymer and Rebecca Wymer
Premises: Stacks Bistro and Coffee House, Unit 3, John O’Groats
Type: On and off sales

There had been circulated Report No HLB/088/16 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
Applications for variation (major) to premises licences
Achd Ceadachd (Alba) 2005
Iarrtasan airson Caochladh (Mòr) a thaobh ceadachdan thogalaichean

10.1 Ref: HC/RSL/1570
Applicant: Iain Rodger, t/a Sunny’s Bar Limited
Premises: Sunny’s Sports Bar, 19 Middle Street, Fort William
Type: On and off sales

There had been circulated Report No HLB/089/16 by the Clerk which invited the Board to determine the application.

Mr I Rodger, applicant, spoke in support of his application.  He also requested that the existing condition on the premises licence restricting the use of the rear door of the premises to up to 1am be removed. He explained the condition had been imposed when the premises had been operated as a nightclub by its previous owners in response to concerns about potential noise disturbance. He also referred to safety concerns associated with patrons exiting the premises by the front door via a staircase.  In support of his request he advised that no complaints in relation to public nuisance had been received in the six months he had been operating the premises.

The Licensing Standards Officer advised that while he was not aware of the background as to why the condition restricting the use of the rear door at the premises had been imposed, he could confirm that no recent complaints had been received in relation to the premises.  He also acknowleged there were issues in regard to patrons exiting the premises by the front door via the staircase at the end of an evening.

During discussion, it was suggested that the condition regarding the use of the rear access be removed and that the application be granted on the basis that if there were any issues of public nuisance arising then the premises licence could be brought back to the Board for review.

The Board AGREED to grant the application subject to removal of the existing condition restricting use of the rear door of the premises to up to 1 am, and subject to mandatory conditions, the remaining existing local conditions, the additional local conditions as set out in paragraph 8.3 of the report, the special conditions as set out in paragraphs 8.4 and 8.5 of the report and the mandatory late opening conditions set out in the appendix to the report.

10.2 Ref: HC/INBS/509
Applicant: Iceland Foods Limited, Second Avenue, Deeside Industrial Park, Deeside, Flintshire, CH5 2NW
Premises: Iceland Foods Limited, Unit 3b, Rose Street, Inverness, IV1 1NQ
Type: Off sales

There had been circulated Report No HLB/090/16 by the Clerk which invited the Board to determine the application.

Mr S McGowan confirmed that he had nothing to add to the report.

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

10.3 Ref: HC/INBS/275
Applicant: Clachnacuddin Football Club, 1 Wyvis Place, Inverness, IV3 8DR
Premises: Clachnacuddin Football Club, 1 Wyvis Place, Inverness, IV3 8DR
Type: On sales

There had been circulated Report No HLB/091/16 by the Clerk which invited the Board to determine the application.

In response to a question, the Licensing Standards Officer explained that the current hours of operation would continue to apply and that the application related to a permanently sited portacabin located adjacent to the existing lounge bar which would provide additional capacity to entertain members on match days.

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

10.4 Ref: HC/INBS/488
Applicant: Gillian Lacey-Solymar, 3 Lyndhurst Gardens, London, New 5NS
Premises: Achnagairn House, Kirkhill, Inverness, IV5 7PD
Type: On and off sales

There had been circulated Report No HLB/092/16 by the Clerk which invited the Board to determine the application.

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

10.5 Ref: HC/CSR/1482
Applicant: Michael W Dwyer
Premises: Balintore Hotel, East Street, Balintore
Type: On sales

There had been circulated Report No HLB/093/16 by the Clerk which invited the Board to determine the application.

Mr M Dwyer confirmed that he had nothing to add to the report.

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

10.6 Ref: HC/CSR/1005
Applicant: Mary C McGale
Premises: Carron Restaurant, Cam-Allt, Strathcarron
Type: On sales

There had been circulated Report No HLB/094/16 by the Clerk which invited the Board to determine the application.

The Board AGREED to grant the application subject to mandatory conditions and the late opening premises conditions and special condition set out at paragraphs 8.3 and 8.4 of the report and to the existing local conditions subject to the addition of local condition (q) as set out at para 8.2 of the report.

10.7 Ref: HC/CR/0276
Applicant: Kell Enterprises Ltd per Lorna Murray, 45 Culduthel Road, Inverness
Premises: Castle Arms Hotel, Mey
Type: On sales

There had been circulated Report No HLB/095/16 by the Clerk which invited the Board to determine the application.

Mrs L Murray confirmed that she had nothing to add to the report.

The Board AGREED to grant the application subject to mandatory conditions, the late opening premises conditions as set out in para 8.3 of the report and the   existing local conditions subject to the addition of local condition (q) as set out at para 8.2 of the report, and permission for the use of the outdoor drinking area outwith core hours being added to the operating plan.

10.8 Ref: HC/CSR/1037
Applicant: D A Stephen Associates Ltd
Premises: Dingwall Tandoori Restaurant, 4 High Street, Dingwall
Type: On sales

There had been circulated Report No HLB/096/16 by the Clerk which invited the Board to determine the application.

Mr G Clark confirmed that he had nothing to add to the report.

The Board AGREED to grant the application subject to mandatory conditions, the late opening premises conditions as set out in paragraph 8.3 of the report, the deletion of the existing local condition and the addition of local condition (q) as set out at paragraph 8.2 of the report.

10.9 Ref: HC/CSR/0370
Applicant: T J Morris Ltd t/a Home Bargains per DWF LLP, 5 St Pauls Square, Hall Street, Liverpool
Premises: Home Bargains, Morangie Road, Tain
Type: Off sales

There had been circulated Report No HLB/097/16 by the Clerk which invited the Board to determine the application.

Mrs L Murray confirmed that she had nothing to add to the report.

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

10.10 Ref: HC/CSR/0595
Applicant: The Union Tavern Fortrose Limited
Premises: Union Tavern, 29 High Street, Fortrose
Type: On and off sales

Mr C Fraser had 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/098/16 by the Clerk which advised that in response to the application a letter of representation had been received from Mr I McLoughlin and a letter of objection from Ms A Wilkinson, copies of which were appended to the report.

The Licensing Standards Officer reported that he had spoken with Mr  McLoughlin and Ms Wilkinson both of whom resided in a block of flats next to the premises separated by Tavern Lane.  He advised that:-

• it had been explained to both parties that the licensed hours being sought were within the Board’s policy and there were no grounds for objection in this regard;
• the applicant had volunteered to restrict use of the emergency exit which opened onto Tavern Lane to between 1200 hrs and 2100 hrs, other than for the use by staff or for deliveries or in case of emergences, and he advised that a special condition to this effect could be attached to any grant of a licence, details of which he provided;
• the applicant had been reminded that patrons were not permitted to  consume alcohol outside the premises and that to reinforce this point the applicant would arrange for signs to be posted to this effect;
• it was not considered necessary at this stage to remove the ashtray at
  the emergency exit onto Tavern Lane but this would be reviewed if  there were any issues arising;
• in relation to concerns about anti-social behaviour and nuisance in Tavern Lane, he advised that the applicant had confirmed she would reinstate external lighting in the lane with a view to discouraging any such behaviour, and
• it should be noted that public nuisance arising may also be attributable to two bus stops located close to the premises; however there were no current issues arising in this regard and he was confident the Police would routinely monitor the area.

The Licensing Standards Officer advised while Mr I McLoughlin and Ms A Wilkinson had not withdrawn their objection/representation, both had indicated they were content with the above detailed measures.

The Board then heard from Mrs A Owens, the applicant, who advised she would take all necessary measures to minimise any noise arising from the premises, albeit any nuisance attributable to the nearby bus stops was outwith her control.

The Board AGREED to grant the application subject to mandatory conditions, the late opening premises conditions as set out in paragraph 8.3 of the report and the existing local conditions subject to the deletion of existing local condition (h) to be be replaced with the local condition (q) as set out at paragraph 8.2 of the report, and to a further special condition in the following terms:

‘Between the hours of 2100 hrs and 1200 hrs the following day the emergency exit from the premises opening onto Tavern Lane, Fortrose, may only be used in a case of emergency or by staff entering or leaving the premises or for delivery of goods to the premises (Objective 3 – prevention of public nuisance)’.

11.  Surrender of premises licence
Gèilleadh ceadachd togalaich

11.1    Premises: Edinburgh Woollen Mill, 13 High Street, Fort William
Licence holder: The Edinburgh Woollen Mill Ltd

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

12.  Licences no longer in effect
Chan eil ceadachdan èifeachdach tuilleadh

12.1  Premises: Brockies Lodge, Kiltarlity (HC/INBS/192)

The Board NOTED that the above premises licence had ceased to have effect in terms of Section 28(7) of the Licensing (Scotland) Act 2005.

The meeting ended at 2.40pm.