Agendas, reports and minutes

Minute of the meeting of the Highland Licensing Board held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness, Tuesday 2 October 2018 at 1.00pm.

Present:

Mr G Cruickshank, Ms E Knox, Mrs L Macdonald (Vice Convenor), Mr D Macpherson, Mrs P Munro.

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:

Item 8.1: Mr A Farr, applicant
Item 8.3: Ms L Turner, applicant
Item 8.4: Ms L Dundas, applicant, Ms L Dundas, representative, Mrs L Murray, solicitor for applicant, Mr G Brown, objector, Ms D Toth, objector
Item 9.1: Ms C Christie, applicant, Mrs L Murray, solicitor for applicant
Item 9.2: Mr K McKenzie, applicant
Item 10.1: Mr Cairns, business partner, Mrs Cairns representative
Item 10.2: Mrs  L Murray, solicitor for applicant
Item 10.4:Mr M Robb, Director for tenant company and Ms J Millar, solicitor for applicant
Item 10.7: Mr M McDougall, solicitor for applicant, Mr R Maclennan, representative
Item 10.8 :Mr M McDougall, solicitor for applicant, Ms Y Ross, representative
Item 10.9 :Mr M McDougall, solicitor for applicant
Item 11.1 : Mrs M Sulejmani, licence holder, Mr D Mackenzie, solicitor for applicant
Mr Sulejmani, representative, Mr M Taylor, complainant
Item 12.1: Mr D Shirok, applicant

Due to technical difficulties this meeting was not webcast 

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 7 August 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/089/18 detailing licences which had been granted under delegated powers by the Clerk to the Board during the period 26 July 2018 to 19 September 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/090/18 detailing occasional licences and extended hours applications which had been granted under delegated powers by the Clerk to the Board during the period 26 July 2018 to 19 September 2018.

The Board NOTED the report.

6.  Chief Constable’s Report 2017 to 2018
Aithisg an Àrd-Chonstabail 2017 gu 2018

There had been circulated the Chief Constable’s Report to the Highland Licensing Board for the period 1 April 2017 to 31 March 2018.

Sergeant B Gray, Police Scotland, presented the report. He reported that the number of offences in Highland was extremely low given the large number of licensed premises distributed across a vast geographical area. He spoke of the success of the partnership working and commended the joint approach over the period by Police Scotland, Licensing Standards Officers, licensing staff and licensees.

The Vice Convener thanked Police Scotland for the positive report.

The Board NOTED the report.

7.  Festive Period Dates 2018/2019                                                
Cinn-latha Ràithe na Nollaige 2018-2019

The Board NOTED that the dates between which festive period hours under the Board’s Policy Statement (late opening premises – 0400 hrs, other premises – 0200 hrs) may be permitted in 2018/19 have been agreed under delegated powers as follows:

From Friday 7 December 2018 (allowing extensions to licensed hours commencing on Thursday 6 December into Friday 7 December)

To Wednesday 2 January 2019 (allowing extensions to licensed hours commencing on Tuesday 1 January into Wednesday 2 January only).

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/626
Applicant: Cairngorm Gliding Club, Blackmill Airstrip, Feshie Bridge, Kincraig, PH21 1NG
Premises: Cairngorm Gliding Club, Blackmill Airstrip, Feshie Bridge, Kincraig, PH21 1NG
Type:  on and off

There had been circulated Report No HLB/091/18 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 condition recommended at paragraph 7.2 of the report.

8.2  Ref: HC/CSR/1876
Applicant: Yvonne Grant
Premises: Glencoast, 15/17 Dunrobin Street, Helmsdale, KW8 6JA
Type: Off Sales

There had been circulated Report No HLB/092/18 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/INBS/627
Applicant: Killiehuntly Farmhouse, Glenfeshie Ltd, 1st Floor, 2 Granish Way, Dalfaber Drive, Aviemore, PH22 1UQ
Premises: Killiehuntly Farmhouse, by Kingussie, PH21 1NZ
Type: on sales

There had been circulated Report No HLB/093/18 by the Clerk which invited the Board to determine the application.

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

8.4  Ref: HC/CSR/1871
Applicant: Greens Events and Catering Ltd
Premises: Greens Restaurant, London House, 11-15 High Street, Tain
Type: On sales

There had been circulated Report No HLB/094/18 by the Clerk which advised that timeous notices of objection had been received from Ms D Toth and Mr G Brown. The Board was invited to determine the application. 

Mrs L Murray for the applicant, spoke in support of the application as follows:-

• the hours being sought were within policy and while it was unlikely the premises would generally be open until 1am, the applicant wished to retain flexibility of operation, for example to cater for small private functions;
• the music offering was mainly low level background music, and while the operating plan envisaged live music this would be very occasional, for example at Hogmanay or a tasting event and no amplified music would be provided;
• the typical customer profile for the premises was more mature persons who enjoyed socialising in a relaxed environment and the grant of a licence would serve to enhance the customer experience;
• the applicant had traded in a nearby premises as a licensed restaurant for a number of years in close proximity to residential properties with no complaints having being received;
• a complaint from the objector had been received in relation to  the music level on one occasion before the premises had opened and her client had addressed this with staff;
• the applicant had also undertaken some additional noise limiting measures, details of which were provided; and
• the premises had the benefit of planning permission, building warrant and a completion certificate and could continue to trade without further consents as an unlicensed restaurant and not selling alcohol without any restrictions on opening hours and with the music offering.

Mr G Brown expressed concern at the potential noise impacts arising from the proposed operating hours and the fact late opening may attract a younger customer base. Local residents had lived there before the applicant’s restaurant operation and there was a need for sound proofing works to be carried out at the premises.

Ms D Toth advised that she lived directly above the premises and next door to Mr Brown. She expressed concern that the premises had no sound proofing and that following her complaint the noise levels had not been reduced on that particular day. She was pursuing the issue around noise with the Council through the planning department and other routes to seek a solution and this was a work in progress.  She had also consulted acoustic specialists and referred to a range of measures which could be undertaken.  She expressed concern that longer operating hours would result in more noise nuisance.

The Licensing Standards Officer advised that the noise management plan which had been submitted by the applicant required amendment to specifically mention there should be no amplified music played or karaoke on the premises. In terms of a time in respect of which music should cease, it was for the applicant to come forward with a proposal. Concerns around conversations being heard were more difficult to control. Environmental Heath was willing to carry out noise monitoring at the objectors properties although it was not anticipated the levels would exceed statutory limits.

The applicant commented on the range of noise limiting measures she had put in place in an effort to accommodate the objectors concerns. She suggested there was an onus on the objectors as owners of residential properties above a commercial premises to meet her half way in relation to the noise issue.

Mrs L Murray in summary explained that her client was seeking flexibility of operation. The premises had been operating since July 2018 with no further complaints having been received and therefore it would be unfair and premature to impose a condition to cease music at a particular time.

During discussion on this item, Members comments included that the application be granted on the basis that it could come back to the Board for variation at a future date if there were ongoing issues with noise. The submission of a noise management plan in the circumstances would be appropriate.   

The Clerk advised that the premises was already operating as a restaurant and that live or recorded music could be played to 1am and the application was within policy.  The grant of a licence also provided an opportunity to require the applicant to submit a noise management plan to be agreed with the Licensing Standards Officer.

The Board AGREED to GRANT the application subject to mandatory conditions and a special condition:

• no live or recorded music shall be played in the premises until a noise management plan for the premises has been submitted to, and approved by, the Licensing Standards Officer.  Once approved by the Licensing Standards Officer, the provisions of the noise management plan shall be adhered to on the premises at all times.

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

9.1  Ref: HC/RSL/1875
Applicant: Morag’s Lodges Limited, Atholl Exchange, 2nd Floor, 6 Canning Street, Edinburgh, HE3 8EG
Premises: Rosebank House, Springfield Road, Portree, Isle of Skye, IV51 9QX
Type:  On Sales

There had been circulated Report No HLB/095/18 by the Clerk which advised that a timeous notice of representation had been received from Portree and Braes Community Council. The Board was invited to determine the application

The Licensing Standards Officer confirmed he had discussed the application with the Chair of Portree and Braes Community Council to explain how the premises proposed to operate.  On visiting the premises he had clarified with the applicant that due to a misunderstanding ‘dance facilities’ had been omitted in the wording of the operating plan and that an amendment to the application would be sought to that effect. The applicant had also requested that local conditions a) and b) set out at 7.2 of the report be removed.He had no issue with this on the basis that while technically there was a bar counter within the room to be used for dining and private functions, it was very small and unlikely to be busy. He was assured that there would be no conflict with the licensing objective of protecting children and young persons from harm. 

Mrs L Murray for the applicant, confirmed that amendments to the application in the terms outlined above were being sought. She advised that the main focus of the operation was coach tours and the premises were unlikely to attract any passing trade due to its location. Planning permission had been granted following close examination of the access arrangements and the impact on neighbours and local community. Local residents were fully aware of the proposal and had the opportunity to exercise their voice at the planning stage and there had been no representations from neighbours in response to the application.       

The Board AGREED to GRANT the application subject to addition of “dance facilities” in the operating plan and subject to mandatory conditions, local conditions c. and q. as recommended at paragraph 7.2 of the report (but not conditions a. or b.) and the special conditions recommended at paragraph 7.3 of the report.

9.2  Ref: HC/CSR/1877
Applicant: Kenneth H McKenzie
Premises:  Highland Farm Café, Mountgerald, Dingwall
Type:  On and Off Sales

There had been circulated Report No HLB/096/18 by the Clerk which advised that a timeous notice of representation had been received from Dorothy Stott, Principal Planner. The Board was invited to determine the application.

The Board AGREED to GRANT the application subject to mandatory conditions and the local and special conditions recommended at paragraphs 7.2 and 7.3 of the report.

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/INBS/70
Applicant: Wilfred Michael Wilding, Suie Hotel, Kincraig, Kingussie, PH21 1NA
Premises:  Suie Hotel, Kincraig, Kingussie, PH21 1NA
Type: On and off sales

There had been circulated Report No HLB/097/18 by the Clerk which invited the Board to determine the application.

The Depute Clerk advised that the variation set out at paragraph 3.1(1) of the report should be amended to read “Friday-Sunday” and not “Saturday-Sunday”. 

On hearing from the applicant, the Board AGREED to GRANT the application subject to an agreed amendment to the variation referred to at paragraph 3.1(1) of the report to read “Friday-Sunday” and not “Saturday-Sunday”, and subject to mandatory conditions, existing local conditions and the additional local condition recommended at paragraph 8.2 of the report.

10.2  Ref:   HC/INBS/110
Applicant:   JD Wetherspoon (Scot) Limited, c/o Brunton Miller, 22 Herbert Street, Glasgow, G20 6NB
Premises:   The Kings Highway, 72-74 Church Street, Inverness, IV1 1EN
Type:  on and off sales

There had been circulated Report No HLB/098/18 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 recommended at paragraph 7.3 of the report.

10.3  Ref:   HC/INBS/177
Applicant:   Tomatin Distilllery Company Ltd, Tomatin, Inverness, IV13 7YT
Premises:   Tomatin Distillery Visitor Centre, Tomatin, Inverness, IV13 7YT
Type: On and off sales

There had been circulated Report No HLB/099/18 by the Clerk which invited the Board to determine the application.

Following an update from the Licensing Standards Officer, the Board AGREED to GRANT the application subject to mandatory conditions and a special condition:

• Prior to 1100 hours alcohol for consumption on the premises may only be sold during a formal or tutored tasting session and only to customers taking part in such a tasting session.

10.4  Ref:   HC/INBS/267
Applicant:   Cordon Limited, 166 Blythwood Street, Glasgow, G2 4EG per Miller Campbell, Solicitors.
Premises:   Baron Taylor Close, 39 High Street, Inverness, IV1 1HT
Type:  on sales

There had been circulated Report No HLB/100/18 by the Clerk which advised that a timeous notice of objection had been received from Police Scotland. The Board was invited to determine the application.

Sergeant Bruce Gray, spoke in relation to Police Scotland’s objection to the application. He stated that on Friday and Saturday nights Police cover within Inverness was carried out with overlapping shifts. The backshift officers finishing duty at 0300 hours and nightshift officers commencing duty at 2100 hours giving a six hour overlap covering the current licensing hours. Should the major variation application to 4am be granted it would impose a severe detrimental impact on depleted police staffing resources where the prevention of crime and disorder, securing public safety and preventing public nuisance licensing objectives would be extremely difficult to maintain. The application was also outwith Board policy hours for late night opening premises.

Ms J Millar for the applicant, spoke in support of the application during which she raised a number of issues including the following key points:   

• her client’s premises was the last remaining bona fide ‘club’ premises within Inverness i.e. premises which generally opened at the weekend for an 8 to 10 hour window and were not open and offering food and other similar offerings during the day. This was a genuine club premises for people to go to later on in the evening to dance or to enjoy live acts;
• her clients found they were in an untenable position and that  their business was unviable because they could not compete with the large number of public house premises in Inverness which were open during the day and also benefitted from late opening hours until 3am;
• the capacity of the premises was approximately 750 persons and therefore the venue did not lend itself to being a restaurant during the day because it was simply too vast;
• her clients were experienced club operators with similar venues in Aberdeen, Glasgow and Edinburgh and those venues are the same type of size to the Inverness premises.  They also had a particularly large premises in Dundee;
• it was proving impossible to attract the kinds of acts a club like this should be able to attract and which her clients were able to attract to their premises elsewhere;
• the variation application to 4am sought to try and attract more people into the premises and retain a club venue in Inverness;
• late hours catering premises were open up until 4am and so there was already an element of staggering. A staggered closing time would alleviate some of the pressure on the Police and it was her clients experience that people would generally go directly home after leaving the premises at 4am;
• the grant of the variation would not result in a greater number of people out on the streets, the dispersal times would just be slightly different;
• In terms of preventing crime and disorder, the premises were well run and had an experienced and dedicated management team and staff with a high level of training. All policies were in place in terms of stewarding, drugs, dispersal and first aid and CCTV was deployed at the premises. The premises benefited from a very high standard of fitting, noise abatement and in terms of public safety had moved the entrance and improved the corridor to the premises, including the lighting; 
• there was no breach of the licensing objectives and there was no suitability issue in terms of the location, character or those frequenting the premises and no argument there was overprovision; and
• In terms of creating a precedent her clients premises were distinct and very different from other premises and there was every opportunity for the Board to differentiate them from the other premises which operated in Inverness. 

The Clerk clarified that it was only those pubs which offered significant night time entertainment which had licensed opening hours until 3am. The pubs which did not offer significant entertainment had licences to 1am except during the festive season. The suggestion that the pubs in Inverness were already open to 3am was therefore incorrect. Effectively, if this variation was granted there was the potential to have different dispersal times with pubs closing at 1am, the other hybrid type of premises closing at 3am and then this premises closing at 4am, which would place additional pressure on the policing resources.

The Licensing Standards Officer reported that the Board had arrived at a policy over several years as to what was reasonable, safe and secure. If there was a capacity of 775 patrons vacating the premises at 4am in the morning, it would undoubtedly cause some issues. There would be a requirement for some stewarding of the broader environment of the City centre and there were also residential properties on Baron Taylor’s Street. There was also an issue around an additional hour’s drinking, in terms of public health.  Therefore, in terms of the overall community safety of the City centre and compliance with the licensing objectives, he had some doubts in relation to the application.

In response, Ms J Millar stated that there was no evidence before the Board to support there was a breach of the health objective and there was no objection from NHS Highland. There were no figures or other information before the Board in relation to public safety and if this was a significant issue the Board would not have a festive policy or late hours catering licences until 4am. She suggested that some of the submissions had been based on opinion rather than the facts and correct information.

The Depute Clerk explained that in terms of late hours catering premises, the rationale for granting 4am licences was to cater for patrons dispersing from those premises open until 3am. If this premises was to open until 4am there would nott be that service in place for those patrons leaving the establishment at that time.

Sergeant Bruce Gray advised that the reality was that after being in the safe controlled environment within pubs, night clubs or hybrid premises, patrons then went home and it’s at that point when the Police received calls in relation to domestic abuse and disturbances. The Police officers who have been concentrated in the City centre were then dispersed to attend these incidents, leaving those on the streets to their own devices and that is where the prevention of crime and disorder became an issue. The Board’s policy to 3am was proven to work well. All emergency services were available but were stretched and the grant of this application would stretch their resources further.

During the debate on the application, Members raised the following key issues:-

• In terms of reasons to depart from the Board’s policy of 3am, the argument by the applicant seemed to be that the only factor that would attract people to enable the premises to remain open was an extra hour’s drinking time and the revenue that would generate and not the uniqueness of the premises as a club;

• It had been suggested that the premises were distinguishable as a club from the pubs, however for the purposes of the licensing provisions there was nothing to prevent other hybrid premises coming forward and making exactly the same argument that they should be open until 4am;
• both Police Scotland and the Licensing Standards Officer had expressed their concerns to the Board that the application conflicted with the licensing objectives of preventing crime and disorder, securing public safety and preventing public nuisance;.
• Inverness was an attractive place for people to visit for the night time economy at the weekends and it’s also a safe economy and the Board had to be mindful of that.  

On hearing from the Clerk, Members confirmed they were minded to refuse the application on the ground that granting this variation would be inconsistent with the licensing objectives of preventing crime and disorder, securing public safety and preventing public nuisance. Members’ particular concerns in this regard were the likely adverse consequences (in terms of potential crime and disorder issues, risk to public safety and increased public nuisance) caused by person migrating to this premises at 0300 hours when other late opening premises closed and also by persons dispersing from this premises at 0400 hours.  Members did not consider that any compelling reason for granting the extra hour sought, as a departure from the Board’s policy on hours at late opening premises and outweighing these likely adverse consequences, had been put forward by the applicant.

At this point, Ms J Millar requested a direction under Section 32 of the Act to allow the licence holder to reapply for the same variation within one year, to allow for any material change in circumstances.

The Clerk confirmed there was no issue with the Board issuing a direction to that effect.  

The Board AGREED to REFUSE the application on the ground that the Board considered that the granting of the application would be inconsistent with the licensing objectives of preventing crime and disorder, securing public safety and preventing public nuisance.

Pursuant to Ms Millar’s request, the Board also directed under subsection 32(3)(a) of the Act that subsection 32(2) would not apply to any subsequent application seeking the same variation in respect of the same premises.

10.5  Ref:   HC/CSR/1427
Applicant:   Royal British Legion Scotland Thurso Branch Sports and Social Club
Premises:   Royal British Legion Scotland Thurso Branch Club, Riverside Road, Thurso
Type:  On and Off Sales

There had been circulated Report No HLB/101/18 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.

10.6  Ref:   HC/CSR/1030
Applicant:   Ronald J Graham
Premises:   The County Tavern, Hill Street, Dingwall
Type:  On and Off Sales

There had been circulated Report No HLB/102/18 by the Clerk which invited the Board to determine the application.

The Board AGREED to GRANT the application subject to mandatory conditions and deletion of existing local condition (h).

10.7  Ref:   HC/RSL/1556
Applicant:  The Edinburgh Woollen Mill Limited per TLT Solicitors
Premises:   Spean Bridge Woollen Mill, Spean Bridge, PH34 4EP
Type:  On and Off Sales

There had been circulated Report No HLB/103/18 by the Clerk which invited the Board to determine the application.

Mr M McDougall, solicitor for the applicant, advised that following a Scotland wide review, his client was now seeking to update and regularise its premises licences at its stores.

The Board AGREED to GRANT the application subject to mandatory conditions and the local condition recommended at paragraph 8.2 of the report.

10.8  Ref:   HC/RSL/0720
Applicant:  The Edinburgh Woollen Mill Limited per TLT Solicitors
Premises:   Ben Nevis Woollen Mill, Belford Road, Fort William,PH33 6BZ
Type:  On and Off Sales

There had been circulated Report No HLB/104/18 by the Clerk which advised that a timeous notice of objection had been received from Lyn and Colin MacTavish.

Mr M McDougall, solicitor for the applicant, advised that entertainment to be provided would be on an infrequent basis and in keeping with this type of retail store, for example a piper.  

The Board AGREED to GRANT the application subject to mandatory conditions, deletion of the existing local condition requiring that alcohol be sold solely to people taking table meals at the premises and addition of the local and special conditions recommended at paragraphs 8.2 and 8.3 of the report.

10.9  Ref:   HC/RSL/1452
Applicant: The Edinburgh Woollen Mill Limited per TLT Solicitors
Premises:  Mairi MacIntyre, 67 High Street, Fort William, PH33 6DN
Type:  Off-Sales

There had been circulated Report No HLB/105/18 by the Clerk which invited the Board to determine the application.

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

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

11.1  Licence Holder:  Mariangela Sulejmani, 2 Academy Street, Nairn, IV12 4RJ

There had been circulated Report No HLB/106/18 by the Clerk which advised that Police Scotland had submitted to the Board a report dated 29 August 2018 that the personal licence holder, Mariangela Sulejmani, had acted in a manner inconsistent with the licensing objectives. The Board was invited to determine whether it was necessary for the purposes of any of the licensing objectives to make any order revoking, suspending or endorsing the personal licence.

Sergeant B Gray read out the terms of the objection as detailed in Police Scotland’s letter dated 29 August 2018.  He advised that on 22 August 2018, at Inverness Justice of the Peace Court the licence holder had pled guilty to assault to injury, where she received an absolute discharge.

In response to questions, Sergeant Gray explained that an absolute discharge meant that no further action could be taken in respect of the offence. The Clerk clarified that the licence holder had not received a conviction, she had pled guilty to the charge and then received an absolute discharge. 

Mr Taylor advised that the licence holder had launched a vicious and unprovoked attack on him at her restaurant. She had shown no remorse for the attack. He had sustained injuries to his neck and his wife had been petrified by the assault. He submitted that Mrs Sulejmani was not a fit and proper person to hold a personal licence.

Mr D Mackenzie for the applicant, stated that:-

• his client and her husband had owned this family run business since 1991 and Mrs Sulejmani had been a personal licence holder since the introduction of personal licences in 2009;
• his client was 51 years of age, had three children and, prior to the above incident, had an unblemished record with the authorities;
• there had been no conviction in relation to this matter, notwithstanding his client’s guilty plea;
• his understanding was an absolute discharge was relatively rare for an assault to injury and would only be granted where the court considered it appropriate because of the circumstances of the offence, the offender’s previous good character and where the offence was considered to be relatively minor; and
• the solicitor who had represented his client in court had confirmed to him that it had been accepted by the court that there had been a significant element of provocation.

Mr Mackenzie then proceeded to give his client’s version of events in relation to the incident during which he submitted that Mr Taylor had made a derogatory comment about his client’s chef and given a litany of complaints about the preparation and presentation of the food served.  Matters had come to a head when Mr Taylor advised using foul language that he would not be paying the bill. His client was not tolerant of bad language from anyone and she had tried to eject Mr Taylor from the premises in the course of which he sustained the injuries to his neck.

Mr Mackenzie suggested that it was highly unlikely his client, who had previously had an unblemished record, would be involved in any type of incident which would impinge on the licensing objectives again. In future, her strategy would be to walk away and report the customer to the Police for a breach of the peace. He suggested that in view of the mitigating circumstances he had outlined, the Board may wish to take no action on this matter. His client’s personal licence was also due for renewal the following year and therefore the onus was on his client in relation to her conduct. 

Following questions from Members and, in summary, Mr Taylor refuted the version of events presented on behalf of the licence holder and denied he had provoked the assault. He suggested the assault could not have been a one off and instead reflected a pattern of behaviour on Mrs Sulejmani’s part.

Sergeant B Gray expressed concern at the nature of the assault and at the photographic evidence of the injuries sustained. He was also concerned in relation to the likelihood of a similar incident occurring again in the future.

During the debate on this matter, the following key issues were raised:-

• the Court had given the licence holder another chance by granting an absolute discharge and therefore she should be given a verbal warning on the basis of her previous history in operating the premises without incident; she would in any event be required to appear before the Board if she engaged in any further conduct inconsistent with any of the licensing objectives;
• one member suggested that the licence be suspended and the licence holder asked to reapply at the appropriate time and in the meantime she be required to undertake an anger management course. The Clerk advised this would an excessive penalty on the basis there was no suggestion the licence holder had demonstrated an inability to manage her anger in the past and had not been convicted in relation to the above incident In court; and
• the fact that since the incident the licence holder had reflected on strategies to deal with future complaints should be taken in to account.     

Thereafter, the Board AGREED to make no order under section 84(7) of the Licensing (Scotland) Act 2005 but to verbally warn the licence holder at the meeting not to engage in any further conduct inconsistent with any of the licensing objectives.

12.  Application for personal licence
Iarrtas airson ceadachd phearsanta

12.1 Applicant: David Sirok, 6 Crown Street, Inverness, IV2 3AX

There had been circulated Report No HLB/107/18 by the Clerk Under section 73 of the Act, Police Scotland have timeously given notice confirming that the applicant had a conviction for a relevant offence. The Board was invited to determine the application.

The Board heard from Mr D Sirok in relation to the circumstances which had led to his conviction and from Sergeant B Gray, Police Scotland who provided further details in relation to the offence.

The Board AGREED to GRANT the application.

13.  Surrender of premises licence
Gèilleadh ceadachd togalaich

13.1 Premises:        Bridgend Stores, Bridgend, Brora
Licence Holder:      The Firm of AR and MA Gullick

13.2 Premises:        Osprey Hotel, Ruthven Road, Kingussie
Licence Holder:      Susan Mary Brownlie

13.3 Premises:        Sandys Bothy, Badaguish Outdoor Centre, Aviemore
Licence Holder:      Speyside Trust

13.4  Premises:       Giraffe, 1A Eastfield Way, Inverness Retail Park
Licence Holder:      Giraffe Concepts Ltd

13.5  Premises:       Seven Heads Store, Spean Bridge, PH34 4EB
Licence Holder:      Veronica Sandham

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

14.  Dates of Meetings in 2019
Cinn-latha Choinneamhan ann an 2019

The Committee NOTED the following dates for 2019, as agreed at The Highland Council on 6 September 2016.  All meetings will take place in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness:-

18 January, 19 February, 2 April, 14 May, 25 June, 6 August, 1 October, 5 November and 3 December.

The meeting ended at 3.20pm.