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 18 January 2019 at 2.30pm.

Present:

Mr J Bruce, Mr G Cruickshank, Dr I Cockburn (Convener), Ms E Knox,
Mrs L Macdonald, Mr D Macpherson and Mr C Smith.

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 B Gray, Police Scotland

Item 9.1: Mr A Spratt, Mr I Stretch and Mr J Martin, representatives, and Mr A Williams, solicitor for the applicant.
Item 9.2: Mr L MacDonald, representative and Mr C Grunert, solicitor for the applicant
Item 9.3: Mr C Haddow, premises manager and Mr A Williams, solicitor for the applicant
Item 10.1: Mr A R Mohamed, premises licence holder, Mr M Culley, premises manager and Mr A Murphy, representative
Item 11.1: Mr M Culley, personal licence holder

Briefing on Protocol for Webcasting of Meetings.

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 A Jarvie, Mrs P Munro 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 4 December 2018.

The Minutes were 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 22 November 2018 to 7 January 2019.

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 22 November 2018 to 7 January 2019.

The Board NOTED the report.

6.  Supplementary policy statement on extended hours during the festive period 
Aithris phoileasaidh leasachail mu uairean leudaichte rè àm na Nollaige

There had been circulated Report No HLB/003/19 by the Clerk inviting the Board to agree a supplementary policy statement on extended hours during the festive period 

The Board AGREED that the terms set out at subparagraphs 3.1.1 to 3.1.3. of the report be adopted as a supplementary policy statement superseding the third paragraph of section 2.3 of the Board’s Policy Statement 2018-2023 with effect from the festive period 2019/20 onwards.

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

There had been circulated Report No HLB/004/19 by the Clerk inviting the Board to make premises licence review proposals in respect of premises licences for which the annual fee had not been paid. 

The Depute Clerk provided an update on the report during which she confirmed  that Charlie Chan’s Chinese Restaurant and Takeaway, Thurso had surrendered their premises licence and that the undernoted premises had now paid their annual fee:-

• Conon Bridge Hotel
• Strathcarron Hotel
• Bay Leaf Spice, Grantown-on-Spey
• Sobar, Inverness
• Pol-Ness, Inverness

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 19 February 2019.

 8.  Licensing (Scotland) Act 2005
Applications for new premises licences
Achd na Ceadachd (Alba) 2005
Larrtas airson Cheadachdan Thogalaichean Ura

8.1  Ref: HC/CSR/1885
Applicant: Grand Whisky Auctions
Premises: The Cellar, Newmore, Invergordon
Type: Off-Sales

There had been circulated Report No HLB/005/19 by the Clerk which invited the Board to determine the application.

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

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/606
Applicant:  Revolution Bars Ltd, 21 Old Street, Ashton under Lyne, OL6 6LA per Brunton Miller, Herbert House, 22 Herbert Street, Glasgow, G20 6NB
Premises:  Revolution, 11-19 Church Street, Inverness, IV1 1DZ
Type:  On and off sales

There had been circulated Report No HLB/006/19 by the Clerk which invited the Board to determine the application.

On hearing from the solicitor for the applicant, the Board AGREED to GRANT the major variation to premises licence subject to mandatory conditions, existing local and special conditions and the additional local conditions set out at 8.2 of the report.

9.2  Ref:  HC/INBS/081
Applicant:  Whitbread Restaurants Ltd, Whitbread Court, Porz Avenue, Houghton Hall Office Park, Dunstable, LU5 5EX per John Gaunt & Partners, Solicitors, Omega Court, 372-374 Cemetery Road, Sheffield, S11 8FT
Premises:  Premier Inn, Inshes Gate, Beechwood Business Park, Inverness, IV2 3BW
Type:  On and off sales

There had been circulated Report No HLB/007/19 by the Clerk which invited the Board to determine the application.

Mr C Grunert, solicitor for the applicant, advised that the location plan submitted with the application was erroneously named 2074/08B rather than 2074/08C and requested that the submitted plan be manuscript amended. 

In discussion, it was suggested the high maximum potential occupancy level at the premises be brought to the attention of the Highlands and Islands Fire and Rescue Service. The Depute Clerk advised that the Scottish Fire and Rescue Service were consulted on the application but the issues raised would have been addressed at the planning application stage.

Mr C Grunert advised that he would feedback the above comment to his clients as responsible operators.

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

The Board also NOTED that the location plan submitted with the application was erroneously named 2074/08B rather than 2074/08C and that it would be manuscript amended.

9.3       Ref:  HC/RSL/0126
Applicant:  Kings House Glencoe Limited, 5 Atholl Crescent, Perth, PH1 5NE per A D W Williams, CBC House, 24 Canning Street, Edinburgh, EH3 8EG
Premises:  Kings House Hotel, Glencoe, PH49 4HY
Type:  On and Off-Sales

There had been circulated Report No HLB/008/19 by the Clerk which invited the Board to determine the application.

On hearing from the solicitor for the applicant, the Board AGREED to GRANT the major variation to premises licence subject to mandatory conditions, the existing local conditions, and the additional local condition (k) and special conditions set out at 8.2 and 8.3 respectively of the report.

10.  Licensing (Scotland) Act 2005 Section 38
Application for review of premises licence
Achd Cheadachd (Alba) 2005, Earrann 84A
Iarrtasan airson èisteachd ath-bhreithneachail air ceadachd togalaich

10.1 Licence holder: Ali Raza Mohamed
Premises: Sobar, 55-57 Castle Street, Inverness, IV2 3DU

There had been circulated Report No HLB/009/19 by the Clerk together with an application by the Licensing Standards Officer for a premises licence review.

The Clerk circulated all parties with a copy of a witness statement referred to in Police Scotland’s letter dated 16 November 2018, which letter had previously been circulated as Appendix 1 to the report but without the witness statement referred to therein.

Sergeant B Gray then read out the terms of Police Scotland’s letter which detailed the grounds for review and the information considered to support these grounds. In conclusion, he advised that should the Board, following the review hearing, be satisfied that the grounds of review had been established then Police Scotland submitted that it was necessary and appropriate for the purposes of the licensing objectives of preventing crime and disorder, securing public safety and protecting children and young persons from harm, to vary and add specific conditions to the premises licence as follows:-

• until such time as the security of the upstairs bar area is enhanced to the satisfaction of the Chief Constable, so as to provide adequate security for all alcohol displayed or stored, no member of the public will be permitted unsupervised access to this area of the premises;
• the premises shall not be open for the sale of alcohol at any time unless a designated person who is the holder of a personal licence is present on the premises; and
• no children or young person’s shall be within the premises unless in the company of and supervised by an appropriate responsible adult. 

In response to questions, Sergeant Gray confirmed that CCTV footage had not been reviewed to check whether any patrons had accessed the upstairs bar to obtain alcohol. This was due to the significant time resources involved and the fact it was unlikely the CCTV footage would still be on the system given the time lapse between the incident in October 2018 and the police inspection of the licensed premises on 7 December 2018. 

The Board then heard from Mr A R Mohamed, premises licence holder, in relation to the review application as follows:-

• he had been the premises licence holder for  a period of five years with no previous issues arising at the premises;
• this had been a one off incident and lessons had been learned in terms of the future operation of the premises;
• the relevant licensing documentation which had been stored in a locked filing cabinet was now on display as required;
• measures were being put in place to ensure that no patrons could access the upstairs bar unless it was manned. Specifically, arrangements were being made to install a shutter in the upstairs bar which would be locked at all times when this area was unmanned. There would be no public access to this bar until such time as this shutter was installed. An automatic lock was also to be fitted to the door of the upstairs bar;
• arrangements were being made for all staff serving alcohol to receive the training to become personal licence holders. In the meantime, staff would supervised by an existing personal licence holder;
• he was content with the variations to the premises licence recommended by Police Scotland subject to a suggested amendment that children between the age of 12 to 16 years be permitted within the premises unsupervised until 20:00 hours and young persons of 17 years be permitted within the premises unsupervised until 22:00 hours. This would enable children and young persons to participate in social activities such as snooker or pool within a safe environment whilst under the supervision of staff; and
• he was not aware of any drug issues at the premises; however a regime would be introduced whereby staff would be on duty in toilets at peak hours to ensure there was a presence at those times.

Sergeant B Gray confirmed he was content with the amendment proposed to the variation of the premises licence in relation to children and young persons, subject to the upstairs bar area having a shutter in place which was closed and locked and the bar door being locked at any time when the upstairs bar area was not manned.

In response to questions from Members, Mr A R Mohamed advised that action was being taken to ensure the broken plate glass window at the premises was replaced in the next few weeks.

Following on from the above, the Licensing Standard Officer advised that in his opinion the main issue was the fundamental failure of the premises licence holder to provide an adequate level of support, including appropriate training to his representative and the premises manager, to ensure the premises could be operated in a proper manner.  He confirmed he was willing to undertake regular visits to the premises and provide assistance going forward. However, while the measures outlined by the licence holder might be sufficient to satisfy the Board in terms of the continuation of the premises licence, he had some reservations in relation to whether the Board could trust the licence holder to ensure the proper operation of the premises in future. 

Mr AR Mohamed stated that he took issue with Licensing Standards Officer’s comments on the basis the premises had operated for a period of five years with no issues arising and this should be taken into account. There had been a period of transition and the premises manager who had received the appropriate training, had been appointed on the basis he was an experienced, secure and reliable candidate.  He advised that, going forward; regular premises checks by the Licensing Standards Officer would be welcomed.

Mr M Culley, premises manager, indicated that he had worked at the premises for a period of four years with no previous issues arising. There were training records in place for the barman who had been on duty on 21 October 2018, signed off by the previous premises manager. The drugs policy for the premises had also been completed and signed off by all staff. The young person referred to in the police report had presented fake ID and had left the premises at 10pm and therefore had clearly purchased alcohol elsewhere prior to the road traffic collision on that date.  He provided an assurance that all staff at the premises were fully aware of the policy not to serve alcohol to under 18 year olds.

Thereafter, the Chair emphasised to the premises licence holder that he was ultimately responsibility for the operation of the premises and ensuring that all records and documentation were in place. If a further incident occurred at the premises then he as the licence holder would be held responsible.

Mr A R Mohamed provided an assurance that following the meeting he would take action in regard to either taking a larger role in the operation of the premises or transferring his premises licence to his representative.

In discussion, Members suggested that the grounds of review had been established. In terms of the variation of the premises licence, the conditions recommended by Police Scotland in the review application should be put in place subject to the third condition being amended so that children between the age of 12 to 16 years were permitted within the premises unsupervised until 20:00 hours and young persons of 17 years permitted within the premises unsupervised until 22:00 hours.  This was subject to the upstairs bar area having a shutter in place which is closed and locked and the bar door being locked at any time when the upstairs bar area was not manned.

Members also confirmed they were content with the commitment provided by the premises licence holder that the broken plate glass window in the premises would be replaced within 8 weeks from the Board’s decision.

Thereafter, the Board AGREED that:-

1. that the statutory grounds for review under s.36(3)(a) of the Licensing (Scotland) Act 2005 had been established in that one or more of the conditions to which the premises licence is subject had been breached, namely, mandatory conditions 5 and 6, and
2. that it was necessary and appropriate for the purposes of the licensing objectives, specifically (1) preventing crime and disorder, (2) securing public safety, and (3) protecting children and young persons from harm, to make a variation of the licence by the addition of further conditions on the licence as follows:

• Until such time as the security of the upstairs bar area is enhanced, to the satisfaction of the Chief Constable, so as to provide adequate security for all alcohol displayed or stored, no member of the public will be permitted unsupervised access to this area of the premises.
• The premises shall not be open for the sale of alcohol at any time unless a designated person who is the holder of a personal licence is present on the premises.
• Children between the age of 12 to 16 years shall be permitted within the premises unsupervised until 20:00 hours and young persons of 17 years shall be permitted within the premises unsupervised until 22:00 hours, however, this is subject to the upstairs bar area having a shutter in place which is closed and locked and the bar door being locked at any time when the upstairs bar area is not manned.

The Board also NOTED that the licence holder would replace the broken plate glass window in the premises within 8 weeks from the Board’s decision.

11.  Licensing (Scotland) Act 2005 Section 84A
Review of personal licence
Achd Cheadachd (Alba) 2005, Earrann 84A
Ath-sgrùdadh air ceadachd phearsanta

11.1  Licence Holder:  Matthew Culley

There had been circulated Report No HLB/010/19 by the Clerk.

Sergeant B Gray referred to the terms of Police Scotland’s letter dated 20 December 2018 which was attached as Appendix 1 to the Clerk’s report which set out the circumstances by which it was considered the personal licence holder had acted in a manner inconsistent with the licensing objectives. In conclusion, Police Scotland invited the Board to endorse his personal licence.

The Board AGREED that the personal licence holder had acted in a manner inconsistent with the licensing objectives, more specifically (1) preventing crime and disorder, (2) securing public safety and (3) protecting children and young person from harm and that it was necessary for the purposes of these licensing objectives that his licence be endorsed.

12. Surrender of premises licence
Gèilleadh Ceadachd Togalaich

12.1  Premises:  Ben View Hotel, Strontian
Licence Holder:  Graham McMenemy

12.2  Premises:   MV Proud Seahorse, Vessel, Muirtown Wharf, Inverness.
Licence Holder: Seabreaks Limited, T/A Caledonian Cruises

12.3 Premises: The Shop Girnigoe Street Ltd, 12 Girnigoe Street, Wick
Licence Holder:  The Shop Girnigoe Street Limited

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

In conclusion of the meeting, the Chair advised that was the Clerk’s last meeting prior to her retirement. He thanked Ms Blease for all the advice and assistance she had provided to the Board during her time as Clerk. On behalf of the Board, he wished Ms Blease a long and happy retirement.

The meeting ended at 3.35pm.