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 August 2018 at 1.00 pm.

Present:

Dr I Cockburn, Mr J Bruce, Mr G Cruickshank, Mr A Jarvie, Mrs E Knox, Mrs L MacDonald, Mr D Macpherson (excluding items 1 - 3), Mrs P Munro, Mr K Rosie and Mr C Smith.

In Attendance:

Ms S Blease, Clerk
Miss C McArthur, Depute Clerk
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
Mr J Williamson, Police Scotland

Item 9.1 – Mrs C Loudon, agent for the applicant

Briefing on Protocol for Webcasting of Meetings

The Convener took the Chair. He 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.

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 26 June 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/079/18 detailing licences which had been granted under delegated powers by the Clerk to the Board during the period 14 June 2018 to 25 July 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/080/18 detailing occasional licences and extended hours applications which had been granted under delegated powers by the Clerk to the Board during the period 14 June 2018 to 25 July 2018.

The Board NOTED the report.

6.  Consultation on Society Lottery Reform
Co-chomhairle mu Ath-leasachadh Crannchuir Comainn 

There had been circulated Report No HLB/081/18 detailing the proposed draft consultation response to the UK Government’s proposals for society lottery reform.

The Board APPROVED the draft consultation response as set out in Appendix B in relation to the UK Government’s proposals for society lottery reform and submit the response to the UK Government by 7 September 2018.

7.  Proposed Consultation Draft Policy Statement 2019-22 under the Gambling Act 2005
Dreachd Aithris Poileasaidh Co-chomhairle 2019-22 a Thathar a’ Moladh fo Achd a’ Chearrachais 2005

There had been circulated Report No HLB/082/18 detailing the proposed consultation draft policy statement 2019-22 under the Gambling Act 2005. 

The Board APPROVED the publication and issue of the proposed Consultation Draft Policy Statement set out in the Appendix as a formal Consultation Draft and to invite statutory consultees and members of the public to submit consultation responses by 21 September 2018.

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/624
Applicant: Inshriach Distilling Ltd., Inshriach House, Aviemore, Ph22 1QP
Premises: Inshriach Distilling Ltd., No. 2 Inshriach Farm Cottages, Inshriach, Aviemore, PH22 1QP
Type:  Off Sales

There had been circulated Report No HLB/083/18 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/1868
Applicant: David W Doherty
Premises: Ferry Stores, Kilchoan, PH36 4LH
Type: Off-Sales

There had been circulated Report No HLB/084/18 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 provisional premises licences
Achd Ceadachd (Alba) 2005
Iarrtas airson ceadachdan thogalaichean le cumha

9.1  Ref: HC/INBS/625
Applicant: Graham Tiso Limited, 41 Commercial Street, Leith, Edinburgh, EH6 6JD per TLT, Solicitors, Hobart House, 80 Hanover Street, Edinburgh, EH2 1EL
Premises: Tiso, Unit 1, Grampian Road, Aviemore, PH22 1AF
Type:  On and Off

There had been circulated Report No HLB/085/18 by the Clerk which invited the Board to determine the application.

The Board AGREED to GRANT the provisional premises licence subject to mandatory conditions and the special condition set out at section 7.3 of the report.

9.2  Ref: HC/RSL/1867
Applicant: Caroy House Ltd
Premises: Caroy House, Somerled Square, Portree, Isle of Skye, IV51 9EH
Type:  On and off sales

There had been circulated Report No HLB/086/18 by the Clerk which invited the Board to determine the application.

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

10.  Licensing (Scotland) Act 2005 Section 84A – review of personal licence – following police report 
Achd Cheadachd (Alba) 2005, Earrann 84A – ath-sgrùdadh air ceadachd phearsanta

10.1  Licence Holder:  Thomas Christopher O’Brien (HC/RSL/S/0092)

There had been circulated Report No HLB/087/18 by the Clerk which invited the Board to determine the application.  A letter dated 15 June 2018 had been received from Police Scotland advising that the Chief Constable considered that the personal licence holder had acted in a manner inconsistent with any of the licensing objectives. 

The Depute Clerk confirmed that the applicant was not in attendance at the meeting.

Sergeant B Gray summarised the details of Police Scotland’s letter dated 15 June 2018.  He also confirmed that Mr O’Brien had failed to notify the Licensing Board of his conviction, no later than one month after the date of his conviction, as required by Section 75 of the Licensing (Scotland) Act 2005.  

The Committee AGREED to REVOKE the licence with immediate effect. The decision to make the order revoking the personal licence was made under section 84 of the Licensing (Scotland) Act 2005, following the hearing on the complaint of 15 June 2019 made by Police Scotland under section 84A of the 2005 Act.

The decision was made firstly on the ground that, by reason of Mr O’Brien’s conviction on 12 March 2018 on two charges under sections 52A(1) and 52(1)(A) of the Civic Government (Scotland) Act 1982,  the Board found that Mr O’Brien has acted in a manner inconsistent with the licensing objectives of preventing crime and disorder, securing public safety and protecting children and young persons from harm.  In light of the nature of the charges in respect of which Mr O’Brien [text removed from web version in compliance with Data Protection Act 1998], the Board considered it was necessary for the purposes of these licensing objectives to make the order revoking the personal licence.

Separately and in any event, by reason of the [text removed from web version in compliance with Data Protection Act 1998] and having regard to the same licensing objectives, the Board were satisfied that Mr O’Brien is not a fit and proper person to be the holder of a personal licence.  In terms of section 85(7A) of the 2005 Act, the Board were accordingly required to make an order revoking the personal licence.

The meeting closed at 13.20 pm.