Agendas, reports and minutes

Minute of the meeting of the Highland Licensing Board held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness, on Friday 6 January 2017 at 1.00pm.

Present:

Dr I Cockburn, Mr A Duffy, 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, Depute Clerk
Mr I Cox, Licensing Standards Officer
Ms A Macrae, Committee Administrator

Also In Attendance:

Sergeant R Ross, Police Scotland

Item 7.1:  Mr M Johnson and Mrs E Johnson, Applicants
Item 8.1:  Mr G Thomson, Applicant and M McDougall, Solicitor for the Applicant
Item 8.2:  Mrs L Murray, Solicitor for the Applicant
Item 8.3:  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 and Mr W Mackay.

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 6 December 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/001/17 detailing licences which had been granted under delegated powers by the Clerk to the Board during the period 23 November 2016 to 13 December 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/002/17 detailing occasional licences and extended hours applications which had been granted under delegated powers by the Clerk to the Board during the period 23 November 2016 to 13 December 2016 and inviting the Board to note the report.

The Board NOTED the report.

6.  Review Proposal – non-payment of annual premises licence fees
Moladh ath-sgrùdaidh – neo-phàigheadh chìsean ceadachd togalaich bliadhnail

There had been circulated Report No HLB/003/17 by the Clerk which related to the non-payment of the annual premises licence fees for the period 1 October 2016 to 30 September 2017. 

The Depute Clerk provided an update on the report during which she indicated that payment had been received in respect of a number of premises and that one premises licence had been surrendered. She confirmed that an update was still awaited from the finance department but as is stood the following premises had had not paid their annual fee as at 6 January 2016:-

• Mackinnon Country House Hotel;
• The Forsinard Hotel;
• The Anderson, Union Street, Fortrose;
• Highland Groceries,  Great North Road, Muir of Ord;
• Picture House, High Street, Dingwall;
• Indian Ocean, 64-66 Academy Street, Inverness;
• Maple Court Hotel, 12 Ness Walk, Inverness;
• Loch Ness Caravan Park, Easter Port Clair, Invermoriston;
• Aviemore News, Unit 1, Myrtlefield Centre, Grampian Road, Aviemore

The Depute Clerk invited the Board to make review proposals in respect of those premises which had not paid their annual fee with a view to holding review hearings at the next meeting of the Board unless payment was received in the interim.

Thereafter, the Board AGREED to make a review proposal for those premises which had not paid their annual fee and to hold review hearings at the next meeting of the Board on 7 February 2016.

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

7.1 Ref: HC/CSR/1798
Applicant: Carnegie Whisky Cellars Ltd, per Elizabeth Johnson
Premises: Carnegie Whisky Cellars, The Carnegie Courthouse, Castle Street, Dornoch, IV25 3SD
Type: On and Off Sales

There had been circulated Report No HLB/004/17 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 7.3 of the report.

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

8.1 Ref: HC/RSL/1746
Applicant : Aldi Stores Ltd, Holly Lane, Atherstone, Warwickshire per TLT LLP, 140 West George Street, Glasgow, G2 2HG
Premises: Aldi (New Store), Unit A, Fort William Retail Park, North Road, Fort William
Type: Off-sales

There had been circulated Report No HLB/005/17 by the Clerk which invited the Board to determine the application.

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

8.2 Ref: HC/INBS/583
Applicant : Black Isle Brewing Co Ltd, Taeblair, Munlochy, Ross-shire, IV8 8NZ per Lorna Murray, Solicitor, 45 Culduthel Road, Inverness, IV2 4HQ
Premises: Black Isle Bar, 68 and 68A Church Street, Inverness, IV1 1EN
Type: On and Off Sales

There had been circulated Report No HLB/006/17 by the Clerk which invited the Board to determine the application.

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

8.3 Ref: HC/INBS/594
Applicant : The Restaurant Group (UK) Limited, 5-7 Marshalsea Road, London, SE1 1EP per Pincent Masons, Solicitors, 141 Bothwell Street, Glasgow, G2 7EQ
Premises: Frankie and Benny’s, Unit 3Ai, Inverness Shopping Park, Eastfield Way, Inverness, IV2 7GD
Type: On Sales seating and addition of external covers as per Drawing No. 20_07_07F.

There had been circulated Report No HLB/007/17 by the Clerk which invited the Board to determine the application.

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

9.  Licensing (Scotland) Act 2005
Applications for variation (major) to premises licences
Achd Ceadachd (Alba) 2005
Iarrtasan airson Caochladh (Mòr) a thaobh ceadachdan thogalaichean

9.1 Ref: HC/INBS/304
Applicant: Grantown on Spey Golf Club, Golf Course Road, Grantown on Spey
Premises: The Club House, Golf Course Road, Grantown on Spey
Type: On and Off Sales

There had been circulated Report No HLB/008/17 by the Clerk which invited the Board to determine the application.

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

10.  Application for personal licence
Iarrtas airson ceadachd phearsanta

10.1 Applicant: Stuart John Dunning, 15 Towerhill Place, Inverness

There had been circulated Report No HLB/009/17 by the Clerk which advised that notification had been received from Police Scotland under Section 72 of the Licensing (Scotland) Act 2005 that the applicant, Mr S Dunning, had been convicted of relevant offences, details of which he had failed to declare on his application form.

The Depute Clerk confirmed the applicant was not present at the meeting.

The Board then heard from Sergeant R Ross in relation to Police Scotland’s objection and recommendation that the application should be refused for the purposes of the licensing objectives of preventing crime and disorder and securing public safety.

In discussion, Members expressed the view that having regard to the applicant’s previous convictions for assault, the application should be refused for the purposes of the above licensing objectives.

Thereafter, the Board AGREED to refuse the application for a personal licence on the grounds that it was satisfied that it was necessary to do so for the purposes of the following licensing objectives: preventing crime and disorder and securing public safety.

11.  Surrender of premises licence
Gèilleadh ceadachd togalaich

11.1 Premises: The Waverley Restaurant, Main Street, Kyle of Lochalsh
Licence Holder: Anna C A M Carins

11.2 Premises: Ed’s Diner, Unit 29 Eastgate Centre, Inverness
Licence Holder: Ed’s Easy Diner Group Ltd

11.3 Premises: Cafe Sixty Six Ltd, 66 High Street, Alness
Licence Holder: Bruce K Graham

11.4 Premises: Key Store Express, 33 Bridge Street, Wick
Licence Holder: Younes Amin

11.5 Premises: Glendale House, 20 South Erradale, Gairloch
Licence Holder: Lynne Wall

11.6 Premises: SER Supplies, 131-133 High Street, Invergordon
Licence Holder: SER Supplies Ltd

11.7 Premises: Morven House Guest House, 70 Novar Road, Alness
Licence Holder: M and J Quinney t/a Morven House Guesthouse

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

The meeting ended at 1.15pm.