Agendas, reports and minutes

Minute of the meeting of the Highland Licensing Board held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness, on Tuesday 14 May 2019 at 1.00pm.

Present:

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

In Attendance:

Ms C McArthur, Clerk
Mr G Cameron, Licensing Standards Officer
Mr I Cox, Licensing Standards Officer
Ms A Macrae, Committee Administrator

Also In Attendance:

Sergeant B Gray, Police Scotland

Item 7.1: Mr C Ewan, representative
Item 7.2: Mr G Ramsay, representative
Item 7.3: Ms L Turner, representative
Item 9.5: Mr and Mrs Mackay, applicants
Item 10.1: Mr M D Bukowiecki, applicant and Mr M Flasza, representative

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 and Mrs P Munro.

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 2 April 2019.

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/038/19 detailing licences which had been granted under delegated powers by the Clerk to the Board during the period 21 March 2019 to 1 May 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/039/19 detailing occasional licences and extended hours applications which had been granted under delegated powers by the Clerk to the Board during the period 21 March 2019 to 1 May 2019.

The Board NOTED the report.

6.  Licensing (Scotland) Act 2005
Applications for new premises licences
Achd na Ceadachd (Alba) 2005
Larrtas airson cheadachdan thogalaichean ura

6.1  Ref: HC/INBS/639
Applicant: P D Crowe Ltd, Building 6000, Langstone Technology Park, Havant, Hampshire, PO9 1SA
Premises: Foyers Lodge, Foyers, Inverness-shire, IV2 6XT
Type: On sales

There had been circulated Report No HLB/040/19 by the Clerk which invited the Board to determine the application.

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

6.2  Ref: HC/CSR/1900
Applicant: Rosebank Bowling Club
Premises: Rosebank Bowling Club, Cliff Road, Wick
Type: On sales

There had been circulated Report No HLB/041/19 by the Clerk which invited the Board to determine the application.

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

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

7.1  Ref: HC/INBS/638
Applicant: Twelve Ness Walk Ltd, Johnstone House, 52-54 Rose Street, Aberdeen, AB10 1HA
Premises:  Ness Walk Hotel, 12 Ness Walk, Inverness, IV3 5SQ
Type:  On and Off sales

There had been circulated Report No HLB/042/19 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 and the special condition as set out at 7.2 and 7.3 respectively of the report.

7.2  Ref: HC/INBS/640
Applicant: Kings Golf Club Inverness, General Booth Road, Inverness, IV3 8JH
Premises:  Kings Golf Club, General Booth Road, Inverness, IV3 8JH
Type:  On and Off sales

There had been circulated Report No HLB/043/19 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 conditions as set out at 7.3 of the report.

7.3  Ref: HC/CSR/1896
Applicant: Wildland Limited, 1st Floor 2 Granish Way, Dalfaber Drive, Aviemore, PH22 1UQ
Premises: Lundies House, Tongue, by Lairg, IV27 4XF
Type: On and Off Sales

There had been circulated Report No HLB/044/19 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 and special conditions as set out at 7.2 and 7.3 respectively of the report.

7.4  Ref:  HC/RSL/1902
Applicant:  Black Isle Brewing Company Ltd, Old Allangrange, Munlochy, IV8 8NZ
Premises:  Black Isle Bar, St Mary’s House, Gordon Square, Fort William, PH33 6DY
Type: On and Off sales

There had been circulated Report No HLB/045/19 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 and special conditions as set out at 7.2 and 7.3 respectively of the report.

7.5  Ref:  HC/CSR/1899
Applicant:  Reowatson Limited
Premises:  Farm and Garden Centre, Achtercairn, Gairloch
Type: Off sales

There had been circulated Report No HLB/046/19 by the Clerk which advised that Police Scotland had lodged a letter dated 20 March 2019 intimating that they did not object to the grant of the application but had confirmed that a connected person had two convictions for relevant offences in terms of their duty to notify the Board under section21(4)(b)(ii) of the Licensing (Scotland) Act 2005. An explanation had been received on behalf of the applicant for the non- disclosure of these convictions. Both documents were appended to the report. The Board was invited to determine the application.

The Clerk reported that the conviction dated 7 April 2019 and referred to as ‘assault to injury’ in Police Scotland’s letter was incorrect and should read ‘breach of the peace’.

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

7.6  Ref:  HC/CSR/1905
Applicant:  GDHM Trading Limited
Premises:  Gairloch Museum, Achtercairn, Gairloch
Type: On and Off sales

There had been circulated Report No HLB/047/19 by the Clerk which invited the Board to determine the application.

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

8.  Licensing (Scotland) Act 2005
Application for variation (major) to provisional premises licences
Achd Ceadachd (Alba) 2005
Iarrtasan airson caochladh (mòr) a thaobh ceadachdan thogalaichean

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

There had been circulated Report No HLB/048/19 by the Clerk which invited the Board to determine the application.

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

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/608
Applicant:  Glenfold Ltd, Unit 3, Lotland Street, Inverness, IV2 1ST
Premises:  UrPal Tours, 55 Church Street, Inverness, IV1 1DR
Type:   Off sales

There had been circulated Report No HLB/049/19 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.

9.2  Ref:  HC/RSL/0772
Applicant:  MacLeod Hotels Ltd, 71 Castle Heather Road, Inverness, IV2 4EA
Premises:  Royal Hotel, Bank Street, Portree, Isle of Skye, IV51 9BU
Type:  On and off sales

There had been circulated Report No HLB/050/19 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 additional local condition and special conditions as set out at 7.2 and 7.3 respectively of the report.

9.3  Ref:  HC/CSR/0196
Applicant:  Black Cormorant Ltd, The Overscaig House Hotel, Loch Shin
Premises:  The Overscaig House Hotel, Loch Shin, by Lairg, IV27 4NY
Type:  On and Off Sales

There had been circulated Report No HLB/051/19 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.

9.4  Ref:  HC/CSR/1817
Applicant:  Balnapolaig Management Limited, Mackay and Co, Main Street, Golspie, KW10 6RA
Premises:  The Steading, 4 Balnapolaig, Dornoch, IV25 3HA
Type:  On and Off Sales

There had been circulated Report No HLB/052/19 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 special condition.

9.5  Ref:  HC/CSR/0323
Applicant:  The Coach House Bar and Restaurant Limited
Premises:  The Coach House Bar and Restaurant, The Square, Dornoch, IV25 3SD
Type:  On and Off Sales

There had been circulated Report No HLB/053/19 by the Clerk which advised that timeous notices of objection to the application had been received from Nigel and Deborah Turnball, Gavin and Pam Ward, Stuart and Alison Brown, Gordon and Hilary Sutherland, Emily Mackay, Callum Sutherland, Mark Lawrence and Valerie Newman, D.E.J Thompson, Richard and Karen Birnie and Dianne Hutchison. A timeous letter of representation had been received from Dornoch Community Council. The Board was invited to determine the application.

The Licensing Standards Officer reported that the premises were located in close proximity to residential properties. In response to the representations received, the applicants had confirmed they wished to amend the application so that on sale operating hours on Friday and Saturday would be from 11.00hrs to 01.00hrs.  In addition, it was recommended that a restriction be placed on use of the outdoor drinking area after 2100 hrs. A noise management plan for the premises had been submitted by the applicants and was awaiting sign off pending a visit to the premises by the Council’s Environmental Health section.  He indicated that it would be ongoing challenge for the applicants to manage the premises on a day to day basis to ensure any disturbance to neighboring residents was minimised.

Thereafter, Mrs Mackay, applicant provided an assurance that the issues raised by the objectors in relation to the premises would be monitored on an ongoing basis.

In response to questions, the Licensing Standards Officer confirmed that a 9pm restriction on the use of the outdoor drinking area at the premises was reasonable given its location next to residential properties. He explained the applicants had confirmed they would do their upmost to ensure the quadrangle between the premises and residences was monitored when patrons were dispersing.

The Board AGREED to GRANT the major variation to premises licence (as amended, at the applicant’s request, in the course of the hearing before the Board and on the terms set out below) subject to mandatory conditions, existing local conditions, additional local conditions and special conditions as set out at 8.2 and 8.3 respectively of the report

Amended application:

• On sales operating hours on Sunday from 11:00 hours to 23:00 hours
• On sales operating hours Monday to Thursday from 11:00 hours to 23:45 hours
• On sales operating hours on Friday and Saturday from 11:00 hours to 01:00 hours

9.6  Ref:  HC/CSR/1432
Applicant:  St Fergus Bowling Club
Premises:  St Fergus Bowling Club, Northcote Street, Wick
Type:  On Sales

There had been circulated Report No HLB/054/19 by the Clerk which advised that timeous notices of objection to the application had been received from Kevin Crowe and Colin Scott. The Board was invited to determine the application.

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

9.7  Ref:  HC/CSR/1406
Applicant:  Quintelle Ltd
Premises:  The Storehouse, Foulis Ferry, Evanton
Type:  On and Off Sales

There had been circulated Report No HLB/055/19 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, additional local conditions and special conditions as set out at 8.2 and 8.3 respectively of the report.

12.  Application for personal licence
Iarrtas airson ceadachd phearsanta

12.1 Applicant:  Marcell Daniel Bukowiecki

There had been circulated Report No HLB/056/19 by the Clerk which invited the Board to determine the application. The report advised that a timeous notice dated 12 March 2019 had been received from Police Scotland which recommended the application be refused.

Sergeant Bruce Gray, read out the terms of Police Scotland’s notice which advised that the applicant had a conviction for a relevant offence. He advised that in light of this conviction, Police Scotland recommended that for the purposes of the preventing crime and disorder and securing public safety licensing objectives, the application be refused.

In response to a question, Sergeant B Gray confirmed that as the incident had involved an assault to permanent disfigurement, this added to the gravity of the offence. 

The applicant explained that the incident had occurred in 2015 as a result of provocation. At the time of the offence he had also been experiencing personal difficulties. Since then his personal circumstances had changed and he was now opening a restaurant as a joint venture with his father.

In discussion, the Clerk advised that the applicant could serve alcohol in licensed premises without a personal licence. The grant of a personal licence provided for an elevated position of responsibility and would allow the applicant to authorise and supervise the sale of alcohol.

On hearing further from the Clerk and in discussion, Members expressed the view that the application be granted on the basis the sanction already imposed for the conviction was sufficient and the applicant had incurred no further convictions since 2015.

The Board AGREED to GRANT the application for a personal licence.

11.  Surrender of premises licence
Gèilleadh ceadachd togalaich

11.1  Premises:  McColl, 8 Queensgate, Inverness, IV1 1DA
Licence Holder:  Martin McColl Limited, Martin McColl House, Ashwells Road, Brentwood, Essex, CM15 9ST

The Board NOTED the surrender of the above premises licence.

The meeting ended at 1.45pm.