Agendas, reports and minutes

Minute of the meeting of the Highland Licensing Board held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness, Tuesday 26 June 2018 at 1.00pm.

Present:

Mr J Bruce, Mr G Cruickshank, Mr A Jarvie, Mrs E Knox, Mrs L MacDonald (Vice Convener), Mr D Macpherson, Mrs P Munro, Mr C Smith.

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
Mrs D Stewart, HADP, NHS Highland

Item 9.3 –   Janet Hood, solicitor for the applicant
Item 9.4 –   Alan Little, applicant
Item 9.7 –   William Armitage, representative for the applicant
Item 9.8 –   Lorna Murray, solicitor for the applicant
Item 9.9 –   David Hossack, solicitor for the applicant
Item 9.13 – Jacqueline James Boel, representative for the applicant and David Hossack, solicitor for the applicant
Item 9.14 – Paul Boylefied, representative for the applicant and Stephen McGowan, solicitor for the applicant
Item 9.15 – Alastair Orr, representative for the applicant and David Hossack, solicitor for the applicant

Briefing on Protocol for Webcasting of Meetings

In the absence of the Convener, the Vice Convener took the Chair. She 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 and Mr K Rosie.

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 15 May 2018.

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/035/18 detailing licences which had been granted under delegated powers by the Clerk to the Board during the period 3 May 2018 to 13 June 2018.

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/054/18 detailing occasional licences and extended hours applications which had been granted under delegated powers by the Clerk to the Board during the period 3 May 2018 to 13 June 2018.

 The Board NOTED the report.

6.  The Highland Licensing Board Annual Financial Report 2017-18
 Aithisg Ionmhasail Bhliadhnail Bòrd Ceadachd na Gàidhealtachd 2017/18

There had been circulated Report No HLB/055/18 by the Clerk inviting the Board to approve the Board’s second annual Financial Report for publication in accordance with Section 9B of the Licensing (Scotland) Act 2005.

The Board APPROVED the draft Financial Report 2017-18 for publication in accordance with section 9B of the 2005 Act, with the caveat contained therein that it was not to be relied upon as a precise statement of income and expenditure in that financial year.

7.  The Highland Licensing Board Annual Functions Report 2017-18
Aithisg Dhreuchdan Bhliadhnail Bòrd Ceadachd na Gàidhealtachd 2017/18

There had been circulated Report No HLB/056/18 by the Clerk inviting the Board to approve the Board’s first annual Functions Report for publication in accordance with section 9A of the Licensing (Scotland) Act 2005.

In discussion of the extensive volume of work undertaken as detailed in the Functions Report, the Board thanked the licensing staff for all their good work over the year.

The Board APPROVED the draft Functions Report 2017-18 for publication in accordance with section 9A of the 2005 Act.

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/623
Applicant: Jacobite Cruises Ltd, Dochgarroch Lock, Dochgarroch, IV3 8JG
Premises: Jacobite Maverick (Cruise Ship), Dochgarroch Lock, Dochgarroch, Inverness-shire, IV3 8JG
Type:  On and Off Sales

There had been circulated Report No HLB/057/18 by the Clerk which invited the Board to determine the application.

The Board AGREED to GRANT the new premises licence subject to mandatory conditions only.

8.2  Ref: HC/RSL/1860
Applicant: Neil Hammond and Amy E Floweree t/a as Corrary Farm
Premises: Dun Brewing, Corrary Farm Glenelg, IV40 8JX
Type: On and Off Sales

There had been circulated Report No HLB/058/18 by the Clerk which invited the Board to determine the application.

The Board AGREED to GRANT the new premises licence subject to mandatory conditions, local conditions and the special condition as set out at sections 7.2 and 7.3 respectively of the report.

8.3  Ref: HC/RSL/1862
Applicant: Old Kyle Bakery (Kyle) Ltd
Premises: Caol Restaurant, 1 Station Road, Kyle of Lochalsh, IV40 8AE
Type: On and Off Sales

There had been circulated Report No HLB/059/18 by the Clerk which invited the Board to determine the application.

The Board AGREED to GRANT the new premises licence subject to mandatory conditions and the local condition set out at section 7.2 of the report.

8.4  Ref: HC/RSL/1859
Applicant: Dunrobin Castle Ltd
Premises: Dunrobin Castle, Dunrobin, Golspie, KW10 6SF
Type: On and Off Sales

There had been circulated Report No HLB/060/18 by the Clerk which invited the Board to determine the application.

The Board AGREED to GRANT the new premises licence subject to mandatory conditions and the local conditions set out at section 7.2 of the report.

8.5  Ref: HC/CSR/1863
Applicant: Royal British Legion Scotland Thurso Branch Club Function Hall
Premises: Royal British Legion Scotland Thurso Branch Club Function Hall, Riverside Road, Thurso
Type: On and Off Sales

There had been circulated Report No HLB/061/18 by the Clerk which invited the Board to determine the application.

The Board AGREED to GRANT the new premises licence subject to mandatory conditions and the local conditions and special conditions as set out at sections 7.2 and 7.3 respectively of the report.

8.6  Ref: HC/CSR/1864
Applicant: Kyle of Tongue Hostel and Holiday Park
Premises: Kyle of Tongue Hostel and Holiday Park, Tongue, IV27 4XH
Type: On and Off Sales

There had been circulated Report No HLB/062/18 by the Clerk which invited the Board to determine the application.

The Board AGREED to GRANT the new premises licence subject to mandatory conditions only.

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/321
Applicant:   Mandy Peden, Askival, Glenmore Road, Oban, Argyll, PH34 4PG
Premises:   Glenmore Shop and Café and Pine Marten Bar, Glenmore, Aviemore, PH22 1QU
Type:  On and Off Sales

There had been circulated Report No HLB/063/18 by the Clerk which invited the Board to determine the application.

The Board AGREED to GRANT the major variation to premises licence subject to mandatory conditions and the existing local conditions.

9.2  Ref:   HC/INBS/400
Applicant: Richmond House Hotel Ltd, 19 Culduthel Road, Inverness, IV2 4AA
Premises: Richmond House Hotel, 5 High Street, Fort Augustus, PH32 1BD
Type:  On and Off Sales

There had been circulated Report No HLB/064/18 by the Clerk which invited the Board to determine the application.

The Board AGREED to GRANT the major variation to premises licence subject to mandatory conditions, the existing local conditions and the additional local conditions and special conditions set out at sections 8.2 and 8.3 respectively of the report.

9.3  Ref:   HC/INBS/148
Applicant:   Andrew Forbes Lewis, Flat 22, 6 Slateford Gait, Edinburgh, EH11 1GX per Flint Bishop, Solicitors, St Michael’s Court, St Michael’s Lane, Derby, DE1 3HQ
Premises:   Blackfriars, 93/95 Academy Street, Inverness, IV11LU
Type:  On and Off Sales

There had been circulated Report No HLB/065/18 by the Clerk which invited the Board to determine the application.

The Board AGREED to GRANT the major variation to premises licence subject to mandatory conditions, the existing local conditions and the additional local condition (q) and special conditions as set out at sections 8.2 and 8.3 respectively of the report.

9.4  Ref:   HC/INBS/334
Applicant:   Allan Little, 19 Boswell Park, Inverness, IV2 3EJ
Premises:   River House Restaurant, 1 Greig Street, Inverness, IV3 5PT
Type:  On Sales

There had been circulated Report No HLB/066/18 by the Clerk which advised that a timeous notice of objection had been received from Susan Laverock. The Board was invited to determine the application.

The Board AGREED to GRANT the major variation to premises licence subject to mandatory conditions and local conditions set out at section 8.2 of the report.

9.5  Ref:   HC/INBS/100
Applicant:   Cairngorm Brewery Company Limited, 12 Dalfaber Industrial Estate, Dalfaber Drive, Aviemore, PH11 1ST
Premises:   Winking Owl, 123 Grampian Road, Aviemore, PH11 1RH
Type:  On Sales

There had been circulated Report No HLB/067/18 by the Clerk which invited the Board to determine the application.

The Board AGREED to GRANT the major variation to premises licence subject to mandatory conditions and existing local conditions (subject to an amendment to local condition q as set out at section 8.2 of the report).

9.6  Ref:   HC/INBS/467
Applicant:   Fort Augustus Golf Club, Market Hill, Fort Augustus, PH32 4DS
Premises:   Fort Augustus Golf Club, Market Hill, Fort Augustus, Ph32 4DS
Type:  On Sales

There had been circulated Report No HLB/068/18 by the Clerk which invited the Board to determine the application.

The Board AGREED to GRANT the major variation to premises licence subject to mandatory conditions only.

9.7  Ref:   HC/INBS/466
Applicant: The Royal British Legion, Canal Side, Fort Augustus, PH32 4AU
Premises:  The Royal British Legion, Canal Side, Fort Augustus, Ph32 4AU
Type:  On and Off Sales

There had been circulated Report No HLB/069/180 by the Clerk which advised that  timeous notices of representation had been received from Michael and Francis Salter, Patricia Nolan, Grant Holloway and Ester Brueggert. The Board was invited to determine the application.

The Depute Clerk advised that the Board, at its meeting on 15 May 2018, had deferred determination of the application to allow the Environmental Health Service to review the submitted Noise Management Plan and for further discussions on noise prevention to take place between the Licensing Standards Officer, the applicant and the objectors.

The Licensing Standards Officer reported that on Tuesday 29 May 2018 he and the Environmental Health Officer had met on site with the applicants and the objectors, Patricia Nolan and Grant Holloway. Extensive noise monitoring tests were carried out and monitored inside the upstairs flat occupied by Mr Holloway. Despite lengthy tests, no acceptable noise level could be achieved. In the meantime, a compromise had been accepted by all parties that any live performance would be required to terminate by 2200 hours andany operation of the jukebox playing pre–recorded music would be required to cease by 2300 hours. It would be open for the applicants to come back at a future date to apply to remove conditions once solutions had been put in place and had been adequately tested.  Both the objectors and club officials had agreed to continue to liaise and work with each other in this regard.

The Board AGREED to GRANT the major variation to premises licence subject to mandatory conditions, existing local conditions and the additional local conditions and special conditions as set out at sections 8.2 and 8.3 respectively of the report.

9.8  Ref:   HC/RSL/1835
Applicant:  RandB Distillers Limited
Premises:  Isle of Raasay Distillery (Shop, Visitors Centre and Members Club), Isle of Raasay, Kyle, IV40 8PB
Type:  On and Off Sales

There had been circulated Report No HLB/070/18 by the Clerk which invited the Board to determine the application.

The Board AGREED to GRANT the major variation to premises licence subject to mandatory conditions, existing local conditions and the special condition set out at section 8.3 of the report.

9.9  Ref:   HC/RSL/0778
Applicant:  Diageo Scotland Limited
Premises:   Talisker Distillery, Carbost, Isle of Skye, IV47 8SR
Type:  On and Off Sales

There had been circulated Report No HLB/071/18 by the Clerk which invited the Board to determine the application.

Mr D Hossack, solicitor for the applicant, suggested an amendment to the wording of the special condition set out in section 8.3 of the report to include provision for alcohol also to be sold to persons following on from their participation in a formal tasting or sampling session.

The Board AGREED to GRANT the major variation to premises licence subject to mandatory conditions, the local conditions as set out at section 8.2 of the report and the special condition as set out at section 8.3 of the report but with the special condition amended to read as follows:

• Alcohol for consumption on the premises prior to 1100 hours on any day may only be sold to persons participating in a formal tasting or sampling session, or to such persons following on from their participation in a formal tasting or sampling session, and a notice to that effect will be displayed on the premises.

9.10 Ref:   HC/RSL/1265
Applicant:  Clan Donald Lands Trust
Premises:  The Stables Restaurant and Café Bar and the Stables Gift Shop, Armadale, Sleat, Isle of Skye, IV45 8RS
Type:  On and Off Sales

There had been circulated Report No HLB/072/18 by the Clerk which invited the Board to determine the application.

On hearing from the Licensing Standards Officer, the Board AGREED to GRANT DELEGATED POWERS to the Principal Solicitor to grant the major variation to premises licence on receipt of a satisfactory noise management plan.  Failing, which, to grant delegated powers to the Principal Solicitor to refuse the application.

If granted, the application would be subject to mandatory conditions, mandatory late opening conditions as set out at section 8.2 of the report and the local conditions and special condition as set out at sections 8.3 and 8.4 respectively of the report.

9.11 Ref:  HC/RSL/1556
Applicant:   J D Wetherspoon (Scot) Ltd
Premises: Great Glen, 98-104 High Street, Fort William
Type:  On and Off-Sales

There had been circulated Report No HLB/073/18 by the Clerk which invited the Board to determine the application.

The Board AGREED to GRANT the major variation to premises licence subject to mandatory conditions and existing local conditions.

9.12 Ref: HC/RSL/1753
Applicant:   Gareth and Iona Craft t/a Red Roof Café Gallery
Premises: Red Roof Café Gallery, Holmisdale, Glendale, Isle of Skye, IV55 8WS
Type:  On Sales

There had been circulated Report No HLB/074/18 by the Clerk which invited the Board to determine the application.

The Board AGREED to GRANT the major variation to premises licence subject to mandatory conditions only.

9.13 Ref: HC/CSR/0857
Applicant:  Diageo Scotland Limited
Premises:   Clynelish Distillery, Brora, KW9 6LR
Type:  On and Off Sales

There had been circulated Report No HLB/075/18 by the Clerk which invited the Board to determine the application.

The Depute Clerk advised that in addition to the conditions set out in the report, it was recommended that a special condition be attached to any grant of a licence restricting the sale of alcohol for consumption on the premises prior to 1100 hours to persons participating in a formal tasting or sampling session.

Mr D Hossack, solicitor for the applicant, requested that the wording of the special condition be amended to include provision for alcohol also to be sold to persons following on from their participation in a formal tasting or sampling session.

The Board AGREED to GRANT the major variation to premises licence subject to mandatory conditions, the existing local conditions and to include the following special condition:

• Alcohol for consumption on the premises prior to 1100 hours on any day may only be sold to persons participating in a formal tasting or sampling session, or to such persons following on from their participation in a formal tasting or sampling session, and a notice to that effect will be displayed on the premises.

9.14 Ref:   HC/CSR/0737
Applicant:  The Edinburgh Woollen Mills Limited
Premises: John O’Groats Knitwear Co, County Road, John O’Groats
Type:  Off Sales.

There had been circulated Report No HLB/076/18 by the Clerk which invited the Board to determine the application.

The Board AGREED to GRANT the major variation to premises licence subject to mandatory conditions only.

9.15 Ref:   HC/CSR/0706
Applicant:   Diageo Scotland Limited per Morton Fraser, Quartermile Two, 2 Lister Square, Edinburgh, EH3 9GL
Premises: Glen Ord Distillery Visitor Centre, Glen Ord Distillery, Muir of Ord
Type:  On and Off Sales

There had been circulated Report No HLB/077/18 by the Clerk which invited the Board to determine the application.

The Depute Clerk highlighted that sections 6 and 7 of the report set out the reasons why the increase of the two separate alcohol display areas sought by the applicant was not considered to be incompatible with the Board’s current overprovision policy.. She advised that, in addition to the conditions set out in the report, it was recommended that a special condition be attached to any grant of a licence restricting the sale of alcohol for consumption on the premises prior to 1100 hours to persons participating in a formal tasting or sampling session.

Mr D Hossack, solicitor for the applicant requested that the wording of the special condition be amended to include provision for alcohol also to be sold to persons following on from their participation in a formal tasting or sampling session. He confirmed that, in terms of overprovision, the Board had established the principle, when considering a previous application in December 2016, that there were three separate alcohol display areas in the premises only one of which was a display area open to the general public. He suggested it was appropriate for the Board to continue with the same principle in respect of the increase in capacities sought for the main visitor centre and function suite.

The Board AGREED to GRANT the major variation to premises licence subject to mandatory conditions, the existing local conditions and to include the following special condition:

• Alcohol for consumption on the premises prior to 1100 hours on any day may only be sold to persons participating in a formal tasting or sampling session, or to such persons following on from their participation in a formal tasting or sampling session, and a notice to that effect will be displayed on the premises.

10.  Highland Licensing Board Consultation Draft Policy Statement 2018-2023
Dreachd Aithris Phoileasaidh Co-chomhairle Bòrd Ceadachd na Gàidhealtachd 2018-2023

There had been circulated Report No HLB/078/18 by the Clerk to the Board inviting the Board to agree the terms of a draft policy statement 2018 – 2023 to be published for consultation.

Mrs D Stewart, HADP, NHS Highland, gave a presentation in support of the submission by the Directorate of Public Health and Health Policy, NHS Highland, May 2018 which focused on evidence related to the assessment of overprovision of licensed premises in the Board’s area. NHS Highland’s recommendation was that the Board consider four separate options in respect of the Board’s overprovision policy. She also emphasised that the Board’s overprovision policy was one of a range of wider measures to reduce alcohol misuse and tackle the key issues of affordability, availability and acceptability.

The Clerk advised that she had amended Option 1 as recommended by NHS Highland in the consultation draft to reflect that the Board’s current overprovision policy referred to display areas in excess of 40 square metres and not, as suggested in the NHS submission, display areas of 40 square metres or more.

Following the presentation and questions and during the debate on the draft policy, one Member commented he was not convinced there was overprovision in Highland nor that the current policy had been effective in reducing alcohol harm since it had been introduced in 2013. He commented that when looking at comparable licensing authorities, there was only one which had adopted an overprovision statement and the Board’s policy in the Highland’s was more prescriptive than other Board’s overprovision statements.  As an initial step, there was a need to consider and agree on whether there was any overprovision in the Highlands and, if so, how this should be addressed.  He stated that  if availability was considered to be a key issue in respect of alcohol consumption and harm, then the policy should address the number of off sales outlets rather than focusing on capacities. In this regard, he suggested that the current Scottish Borders Licensing Board overprovision policy on off sales premises would be a more appropriate policy for Highland going forward. 

A contrary view was expressed that the Board’s current overprovision policy was an effective measure in terms of reducing alcohol misuse and there was no requirement to have any substantial changes to that policy.

Further points raised included that under the current overprovision policy, new premises were not competing on a level playing field with those existing off sales outlets which benefited from capacities well in excess of 40 square metres under grandfather rights.  The extent to which responses to the survey carried out by NHS Highland, and reported in their submission, would be representative of the views of the wider public was also queried.

The Clerk explained that at this stage the Board was merely putting forward proposals or options they wished to put out to the wider public and that no final view should be taken on the content of the policy statement until after the full consultation process had taken place. Members were free to propose changes to the proposed draft, including proposals for changing existing policies or adding new ones.  For clarification, she advised that, contrary to what had been suggested by one member, a significant number of Boards in Scotland had adopted overprovision policies.

Following further discussion, the Board APPROVED the terms of the proposed consultation draft licensing policy statement 2018-2023 subject to the following additions to the consultation draft and the questions to be posed in the consultation response form:

• An initial question to be added asking statutory consultees and the public whether, in their opinion, they consider that there is an overprovision of licensed premises, or licensed premises of any particular description, in the Highlands or in any particular locality in the Highlands, and to give reasons for their views on this.
• A follow up question to be added to the consultation response form asking statutory consultees and the public whether, if they believe that there is an overprovision of licensed premises in the Highlands, any of the 4 options suggested by the NHS Highland would address this.
• At the request of Councillor Jarvie, the inclusion of a 5th option on which to consult, namely, the adoption of the current Scottish Borders Licensing Board overprovision policy in respect of off sales premises.

The Board AGREED that the Principal Solicitor would look at ways of rephrasing this Scottish Borders policy, before including it as an option on which the Board wished to consult, in order to better define the concepts referred to therein and remove any ambiguities or vagueness.It was further AGREED that the Clerk would consult Councillor Jarvie, the proposer of this additional option, before finalising the terms of this additional option in the consultation draft policy statement and the consultation response form.

It was further clarified that an additional question would be included in the consultation response form allowing respondents to suggest additional measures which they consider would address any issues of overprovision of licensed premises in Highland, or any particular locality thereof.

The meeting ended at 2.30pm.