Agendas, reports and minutes

Minute of the meeting of the Highland Licensing Board held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness, Tuesday 7 February 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
Mr D Inglis, Licensing Standards Officer
Ms A Macrae, Committee Administrator

Also In Attendance:

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

Item 6.1: Mr J Gaunt, Solicitor for the Applicant
Item 8.2: Mrs L Murray, Solicitor for the Applicant
Item 8.3: Mr D Houston, 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 January 2017.

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/010/17 detailing licences which have been granted under delegated powers by the Clerk to the Board during the period 14 December 2016 to 25 January 2017 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/011/17 detailing occasional licences and extended hours applications which have been granted under delegated powers by the Clerk to the Board during the period 14 December 2016 to 25 January 2017 and inviting the Board to note the report.

The Board NOTED the report.

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

6.1 Ref: HC/INBS/602
Applicant: Whitbread Group Plc, Houghton Hall Office Park, Porz Avenue, Dunstable, LU5 5XA per John Gaunt and Partners, Omega Court, 372-374 Cemetery Road, Sheffield, S11 8FT
Premises: Premier Inn, Grampian Road, Aviemore, PH22 1PT
Type: On Sales

There had been circulated Report No HLB/012/17 by the Clerk which invited the Board to determine the application.

The Board heard from Mr J Gaunt the applicant’s solicitor, during which he requested an amendment to the local condition as set out in section 7.2(a) of the report restricting children under 16 years from any room where there was a bar counter after 2200 hours in certain circumstances, so that provision was made for children resident on the premises. He explained this was to accommodate families using the Hotel’s lounge and leisure facilities in the evening.

The Licensing Standards Officer advised that he was content with the proposed amendment explaining that the premises would mainly accommodate tourists and provide a suitable environment for children and young persons.

The Board AGREED to grant the application subject to mandatory conditions, local conditions (as amended below) and special conditions as set out at 7.2 and 7.3 respectively of the report.

The local condition as set out as 7.2 (a) shall be amended to include the wording ‘or where the child is resident on the premises.’ after the wording ‘or for the purpose of taking a meal’.

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/1803
Applicant: Caterquick Limited, King James VI Business Centre, Friarton Road, Perth
Premises: Letterfinlay Lodge Hotel, Spean Bridge, PH34 4DZ
Type: On and Off Sale

There had been circulated Report No HLB/013/17 by the Clerk which invited the Board to determine the application.

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

7.2 Ref: HC/CSR/1800
Applicant: Carnegie Tea Room and Deli Limited, 28 Queensgate, Inverness
Premises: Carnegie Deli and Tea Room, The Carnegie Courthouse, Castle Street, Dornoch, IV25 3SD
Type: On and Off Sales

There had been circulated Report No HLB/014/17 by the Clerk which invited the Board to determine the application.

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

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 HC/RSL/0786
Applicant: Lochbay Restaurant Limited
Premises: Loch Bay Restaurant, 1-2 MacLeod’s Terrace, Waternish, Isle of Skye, IV55 8GA
Type: On Sale and Off Sales

There had been circulated Report No HLB/015/17 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 8.3 of the report.

8.2 Ref: HC/CSR/0931
Applicant: R M Brora Ltd, per Lorna Murray, 45 Culduthel Road, Inverness
Premises: Royal Marine Hotel, Golf Road, Brora, KW9 6QS

There had been circulated Report No HLB/016/17 by the Clerk which invited the Board to determine the application.

Mrs L Murray the applicant’s solicitor, spoke in support of the application.  She advised that her clients had submitted a separate fire risk assessment to the Scottish Fire and Rescue Service in respect of the former curling rink, and that as far as she was aware no response had been received from the Service in respect of that submission. She also advised that she was content with the proposed additional special condition that use of the marquee be subject to confirmation that the fire risk assessment was acceptable to the Scottish Fire and Rescue Service and to a copy being provided to the Clerk.

The Board AGREED to grant the application subject to mandatory conditions, existing local conditions and the additional local condition and the special conditions as set out at 8.2 and 8.3 respectively of the report and an additional special condition as follows:

‘Public entry to the part of the premises referred to on the plans as the marquee shall only be permitted subject to confirmation that a fire risk assessment which is acceptable to Scottish Fire and Rescue Service for that part of the premises has been submitted to Scottish Fire and Rescue Service and a copy provided to the Highland Licensing Board.’

8.3 Ref: HC/RSL/1352
Applicant : Donald Houston
Premises: Kilchoan House Hotel, Kilchoan, Acharacle, PH36 4LH
Type: On and Off-sales.

There had been circulated Report No HLB/017/17 by the Clerk which advised that a timeous objection had been received from the Council’s Building Standards in response to the application. The objection related to the fact a building warrant had not been sought/obtained in respect of the proposed changes at the premises and justification for an increase in capacity was required for means of escape purposes.

The Depute Clerk reported that if the Board was minded to approve the application then a letter could also be sent to the applicant reminding them they must comply with all of the Building Standards requests as set out in the report.

The Licensing Standards Officer advised that he understood the member of staff within Building Standards dealing with the matter had left the Council and the staff member overseeing the application had not yet had the opportunity to engage with the applicant. He also advised that having visited the premises and in terms of any licensing issues he was content with the application. 

Mr D Houston, applicant spoke in support of his application.  He explained the background in relation to the matters raised in the objection and advised that he had been in contact with Building Standards with a view to resolving the outstanding issues. He indicated that in relation to any fire safety matters, the premises had been checked by an independent assessor on 10 January 2017 and no issues of concern had been identified arising from that visit.

The Board AGREED to grant the application subject to mandatory conditions, existing local conditions and in addition a warning letter to be sent to the applicant reminding them that they must comply with all of the Building Standards requests as set out at 4.5 of the report.

9.  Review Hearings – Non-payment of annual premises licence fees
Èisteachdan Ath-sgrùdaidh – Neo-phàigheadh Chìsean
Ceadachd Togalaich Bliadhnail

There had been circulated Report No HLB/018/17 by the Clerk which invited the Board to hold review hearings to consider and determine their review proposals in respect of those premises for which the annual licence fees remained unpaid.

The Depute Clerk provided an update in regard to the report and advised that payment of the annual fee had now been received from the Picture House, High Street, Dingwall. She confirmed that no parties were present at the meeting to represent the remaining premises in respect of which the annual fee remained unpaid.

In response to a question, the Clerk advised that the premises licence holders had been given a long period in which to pay their fee and had received a number of reminders over that period.

The Board AGREED to revoke the premises licences for:

1. Loch Ness Caravan Park

2. Maple Court Hotel

3. The Forsinard Hotel

under section 39 of the Licensing (Scotland) Act 2005 on the grounds of non-payment of the annual premises licence fees.

10.  Surrender of premises licence
Gèilleadh ceadachd togalaich

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

10.2 Premises: The Thurso Club, 6 Janet Street, Thurso
Licence Holder: The Thurso Club

10.3 Premises: The Coppice Hotel, Grant Road, Grantown-on-Spey.
Licence Holder: Julie Stewart

The Board NOTED that the above premises licences had been surrendered in terms of Section 28(5)(f).

The meeting ended at 1.20pm.