Agendas, reports and minutes

Minute of the meeting of the Highland Licensing Board held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness, Tuesday 14 January 2020 at 1:00pm.

Present:

Mr J Bruce, Mr G Cruickshank, Mr A Jarvie, Ms E Knox, Mrs L Macdonald (Convenor), Mr D Macpherson, Mr K Rosie, Mr A Sinclair, Mr C Smith.

In Attendance:

Ms C McArthur, Clerk
Mr I Meredith, Depute Clerk
Mr G Cameron, Licensing Standards Officer
Mr I Cox, Licensing Standards Officer
Mrs A MacArthur, Administrative Assistant

Also In Attendance:

Sergeant K Duncan, Police Scotland

Item 8.2: N Hassard, solicitor

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

An apology for absence was intimated on behalf of Mr B Thomson.

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 3 December 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/001/20 detailing licences which had been granted under delegated powers by the Clerk to the Board during the period 2 November 2019 to 18 December 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/002/29 detailing occasional licences and extended hours applications which had been granted under delegated powers by the Clerk to the Board during the period 2 November 2019 to 18 December 2019.

The Board NOTED the report.

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

There is circulated Report No HLB/003/20 by the Clerk inviting the Board to make premises licence review proposals in respect of premises licences for which the annual fee has not been paid. 

In discussion, the Clerk clarified that the Board was being invited 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. She confirmed that those premises which had not paid their annual fee would be contacted again prior to review hearings being held.

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 18 February 2020 on the ground that non-payment of annual fees is in breach of mandatory condition 10 to which each premises licence is subject.

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

7.1  Ref: HC/RSL/1928
Applicant: Elgol Bistro Limited
Premises:  Elgol Bistro, Elgol, Isle of Skye, IV49 9BL
Type:  On sales and off sales

There had been circulated Report No HLB/004/20 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 local conditions (m) and (n(i)) as set out at 7.2 of the report.

8.  Licensing (Scotland) Act 2005
Applications for variation (major) to premises licences
Achd Ceadachd (Alba) 2005
Iarrtasan airson Caochladh (Mòr) a thaobh ceadachdan thogalaichean

8.1  Ref:  HC/CSR/0755
Applicant:  The Firm of Breadalbane House Hotel
Premises:  Breadalbane House Hotel, 20 Breadalbane Crescent, Wick
Type: On Sales

There had been circulated Report No HLB/005/20 by the Clerk which invited the Board to determine the application.

The Board AGREED to GRANT the major variation application subject to mandatory conditions, existing local conditions and additional local conditions (m) and (n) as set out at 8.2 of the report.

8.2  Ref:  HC/INBS/254
Applicant:  Invopco Limited, 267 Clifton Road, Aberdeen, AB24 4HJ per Nicky Corletto, TLT LLP, Solicitors, Hobart House, 80 Hanover Street, IV1 1HD
Premises:  Gellions, 14 Bridge Street, Inverness, IV1 1HD
Type: on and off sales

There had been circulated Report No HLB/006/20 by the Clerk which advised that two timeous notices of objection had been received..

Mr N Hassard, solicitor for the applicant, stated that he hoped the Board would agree to continue the application to the Board’s meeting on 31 March 2020. He explained that the licensing procedure regulations stated that a hearing to determine a variation application must be held within 119 days of the variation being advertised, this being the last available Board meeting within that timescale. He submitted that the Board determining that it would continue the application complied with the legislation, albeit he was aware the Clerk held a different opinion.  He explained the main issue of contention arising from the application related to the operation of the upstairs part of the venue. To date, his clients had met with the objectors, an Environmental Health Officer and had commissioned acoustic sound reports. He explained that significant progress had been made. It was therefore hoped that a resolution could be reached in relation to the upstairs part of the premises for live music. He did not consider there would be any prejudice to any party by way of a continuation and this would allow a further period of time for his client to continue to work collaboratively with all parties.

The Clerk advised that, in terms of the legislation, her view was that a final determination must be made by the 119 day time limit and if a hearing was held today, the Board must consider whether any of the grounds of refusal apply and if none of them applied the Board must grant the application and if any of them applied, the Board must refuse the application.

She explained this was a matter of interpretation and it was entirely up to the Board to consider how it wished to proceed.

In response to the Convener, Mr Hassard advised that if the Board was not minded to continue the application, his instructions were to withdraw the application and for it to be resubmitted for consideration by the Board at a future date.

The Licensing Standards Officer advised that whatever process was agreed there was a need for further period of time to allow satisfactory sound levels for the upstairs bar at the premises to be achieved.   

In discussion, there was a consensus that the Board should proceed to determine the application. The applicant’s solicitor had confirmed the application would then be withdrawn which would give a further period of time for a resolution to be reached to the satisfaction of all parties. Further points raised included concern at the precedent which may be created by continuing the application and the importance of the applicant being conscious of noise levels and the impact on neighbours.

Mr Hassard advised that one of the options considered was amending the current major variation application to only apply to the downstairs bar. However, as his client felt a resolution was close the preferred option was for the application to be considered as a whole at a future date. In terms of a precedent, he emphasised that each premises licence application should be determined on its own merits.

Following further discussion, the Board AGREED to proceed to determine the application and thereafter NOTED that the application had been withdrawn at the applicant’s request.

9.  Surrender of premises licence
Gèilleadh ceadachd togalaich

9.1  Premises:  Skye Picture House, Broadford, Isle of Skye, IV49 9AJ
Licence Holder:  Stuart Brumpton

9.2  Premises:   151 High Street, Fort William, PH33 6EA
Licence Holder: Helen Smith

9.3  Premises: Heilan Coo Shoppy, Plantation, Fort William
Licence Holder : Helen Smith

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

The meeting ended at 1.25pm.