Agendas, reports and minutes

During the coronavirus period, the Licensing (Scotland) Act 2005 has been temporarily amended to allow Board meetings to take place remotely rather than by way of a public meeting.

Minute of the meeting of the Highland Licensing Board held remotely on Tuesday 23 June 2020 at 1.00pm.

Present:

Mr J Bruce, 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 to the Board
Mr I Meredith, Depute Clerk to the Board
Mr G Cameron, Licensing Standards Officer
Mr I Cox, Licensing Standards Officer
Ms L Johnstone, ICT and Performance Manager
Mr I Street, ICT Officer (Communications)
Ms A Macrae, Committee Administrator
Mrs A McArthur, Administrative Assistant

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

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 12 May 2020.

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/34/20 detailing licences which had been granted under delegated powers by the Clerk to the Board during the period 30 April 2020 to 10 June 2020.

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/35/20 detailing occasional licences and extended hours applications which had been granted under delegated powers by the Clerk to the Board during the period 30 April 2020 to 10 June 2020.

The Board NOTED the report.

6.  The Highland Licensing Board Functions Report 2019-20 
Aithisg Dhreuchdan Bhliadhnail Bòrd Ceadachd na Gàidhealtachd 2019/20

There had been circulated Report No HLB/036/20 inviting the Board to approve the Board’s third annual Functions Report for publication in accordance with section 9A of the Licensing (Scotland) Act 2005.

Members noted the Board’s annual finance report, which would normally accompany the functions report, would be presented later in the year, the Scottish Government having introduced legislation in response to the Covid-19 pandemic which had extended the timescales for producing these reports.

The Convenor referred to the extensive volume of work undertaken over the period of the report and asked that the Board’s appreciation be conveyed to the licensing staff for all their good work over the year.

The Board APPROVED the Functions Report for publication on the Highland Council website.

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

7.1 Ref: HC/RSL/1931
Applicant: Joan M MacLeod
Premises: Blas Inn, Main Street, Dunvegan, Isle of Skye, IV55 8WA
Type: On and off sales

There had been circulated Report No HLB/037/20 by the Clerk which invited the Board to determine the application.

The Board AGREED to GRANT the application for a premises licence subject to mandatory conditions, the existing local conditions and additional local conditions (k), (l), (m), (n)(ii), and (o) as set out at paragraph 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/INBS/256
Applicant:  Lewiston Arms Ltd, Birkenshaw, Tomatin, Inverness-shire, IV13 7XY
Premises:  Loch Ness Inn, Lewiston, Drumnadrochit, Inverness-shire, IV63 7XY
Type: On and off sales

There had been circulated Report No HLB/038/20 by the Clerk which advised that timeous notices of objection to the application had been received from P Bond and A Anderson. The Board was invited to determine the application.

In response to questions, confirmation was provided by the Depute Clerk and Licensing Standards Officer that the issues raised by the objectors in relation to traffic and car parking could not be attributed to the sale of alcohol and were not relevant to any of the licensing objectives. The Licensing Standards Officer advised that this was a well operated establishment and the applicant has been made aware of issues raised in objection and it was for him to liaise as appropriate with his neighbours.  

The Board AGREED to GRANT the application for major variation of the premises licence subject to the mandatory conditions, the existing local conditions, and additional local condition (k).

9.  Application for personal licence 
Iarrtas airson ceadachd phearsanta

9.1 Applicant: Candace Schofield

There had been circulated Report No HLB/039/20 by the Clerk which advised that Police Scotland had timeously given notice confirming that the applicant [text removed from web version in compliance with Data Protection Act 1998].

[text removed from web version in compliance with Data Protection Act 1998]

The Depute Clerk advised that Police Scotland were obliged to notify the Board [text removed from web version in compliance with Data Protection Act 1998], and it was for them to provide additional information if they considered there were stronger grounds to do so.  [text removed from web version in compliance with Data Protection Act 1998]

In regard to the above, it was suggested the fact the Police had not objected to the application was significant given their knowledge of the specific circumstances [text removed from web version in compliance with Data Protection Act 1998].  A contrary view was expressed that it was not for the Board to speculate on why Police Scotland had not objected to the application.

The Convener seconded by Ms E Knox moved that the application be granted.

As an amendment, Mr A Jarvie seconded by Mr D Macpherson, moved that the consideration of the application be deferred to the next meeting of the Board to allow more detail[text removed from web version in compliance with Data Protection Act 1998]

There being no further amendments, the matter was put to the vote with votes being cast as follows:

Motion (5): Mr J Bruce, Ms E Knox, Mrs L Macdonald, Mr K Rosie, Mr C Smith.

Amendment (3): Mr A Jarvie, Mr D Macpherson, Mr A Sinclair.

Abstentions (0)

Decision

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

9.2 Applicant: Kieran Page

There had been circulated Report No HLB/039/20 by the Clerk which advised that Police Scotland had timeously given notice that the applicant had convictions for relevant offences and had included in their notice a recommendation that the application for a personal licence be refused.

In discussion, [text removed from web version in compliance with Data Protection Act 1998]. On the basis, Members considered that the applicant was not a fit and proper person to hold a personal licence having regard to the licensing objectives to prevent crime and disorder and secure public safety.

The Board AGREED to REFUSE the application for a personal licence on the grounds that the applicant was not a fit and proper having regard to the licensing objectives to prevent crime and disorder, and secure public safety, [text removed from web version in compliance with Data Protection Act 1998] supplied by Police Scotland in their letter of objection.

10.  Surrender of premises licence
Gèilleadh ceadachd togalaich

10.1  Premises:  Glencoe Café, Glencoe, PH49 4NP
Licence Holder:  Partnership of Alan & Deirdre Copeland

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

The meeting ended at 1.50pm.