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 8 September 2020 at 1.00 pm.

Present:

Mr J Bruce, Ms E Knox, Mrs L Macdonald (Convenor), Mr D Macpherson, Mr K Rosie, Mr A Sinclair (excluding items 9.1 – 11.1) and 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
Mrs A MacArthur, Administrative Assistant

Also In Attendance:

Sergeant K Duncan, Police Scotland
Mr M MacDonald, Police Scotland

Item 8.1: Mr R Steadman, applicant; Mr R Clark, objector.
Item 8.3: Mr G McMenemy, applicant
Item 9.2: Mr R Taylor, solicitor for applicant; Ms K Nichols, Morrisons licensing manager.

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 A Jarvie.

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 August 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/57/20 detailing licences which had been granted under delegated powers by the Clerk to the Board during the period 23 July 2020 to 25 August 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/58/20 detailing occasional licences and extended hours applications which had been granted under delegated powers by the Clerk to the Board during the period 23 July 2020 to 25 August 2020.

The Board NOTED the report.

6.  Chief Constable’s Report 2019 to 2020
Aithisg an Àrd-Chonstabail 2019 gu 2020

There had been circulated the Chief Constable’s Annual Licensing Report to the Highland Licensing Board for 2019/2020.

Sergeant K Duncan, Police Scotland, presented the report. The focus throughout this years’ report was very much on partnership working to ensure that the high standards and licensing objectives were met in licensed premises.  Police Scotland enjoyed a very good partnership working relationship with Licensing Standards Officers, licensing staff, Environmental Health and Trading Standard Officers, external agencies including the SIA and the internal partners within the Police. 

The police were 100% committed to engagement with licensed premises.  The Highland Region had undertaken 10,262 visits to licensed premises in the last year, this was 18% of all recorded inspections throughout the whole of Scotland, and with only a small percentage of the licensed premises in Scotland, it was testament to the good work carried out by local officers.  

The number of offences occurring around licensed premises had reduced this year another testament to the work of local officers.

On a request for figures on areas where the CCTV was active in Inverness, Sergeant Duncan would take this forward. 

The Convener thanked Police Scotland for the positive report.

The Board AGREED to NOTE the Chief Constable’s Annual Licensing Report to the Highland Licensing Board for 2019/2020

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

7.1  Ref: HC/INBS/656
Applicant: White River Trading, The Strathdearn, Tomatin, IV15 7YN
Premises: The Strathdearn, Tomatin, IV13 7YN
Type: On and off sales

There had been circulated Report No HLB/059/20 which invited the Board to determine the application.

The Board AGREED to GRANT the application for a premises licence subject to the mandatory conditions, local conditions (e) for the Café  local conditions (a) and (k) for the Community Hall as set out in paragraph 7.2 of the report together with the special conditions set out in paragraph 7.3 of the report.

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

8.1  Ref: HC/INBS/657
Applicant: Caledonian Event Ltd, c/o CMM Accountancy, The Green House, Beechwood Business Park North, Inverness, IV2 3BL
Premises:  TBC (no name), 105-107 Church Street, Inverness, IV1 1EY
Type:  On and off sales

There had been circulated Report No HLB/060/20 which invited the Board to determine the application.

An objection had been received from Mr Robin Clark and he was in attendance.

Mr Steadman spoke to his application stating that his vision was for a quiet place for people to eat later at night and enjoy a drink with their meal.  The licence was for table service only and there would be no football screens or live music.

The objector asked the applicant for the hours requested and the applicant outlined the hours.

On a question from Members, the applicant outlined the maximum occupancy of the premises. 

The Clerk advised Members that Planning Permission had been granted for these premises with planning permission conditions stating that the outside area could only be used between 7 and 10 pm.  

Mr Clark, objector, stated that he lived directly across from the premises in Church Street.  His house was an historic “A” listed building, with this listing he was unable to have double glazing.  There was already a lot of noise nuisance from the street and Mr Clark was concerned that these premises would add to the noise nuisance.

The Clerk advised that the existing problems of noise nuisance outlined by the objector were existing, the current applicant could not be penalised for existing problems. 

The Licensing Standards Officer advised that the operating plan was specifically for a wine bar bistro and not a public bar and the conditions attached were proportionate.

The applicant and the objector thereafter summed up.

Ms E Knox moved that the application be granted.

Mr Duncan Macpherson moved that outdoor drinking have a 9.00 pm curfew as the objector had no double glazing and was unable to have double glazing.  There being no seconder the motion fell.

The Board AGREED to GRANT the application for a provisional premises licence subject to the mandatory conditions, local conditions (f), (g), (l), (m), (n)(i), (p), and (q) and the special conditions set out in paragraph 7.3 of the report.

8.2  Ref: HC/RSL/1950
Applicant: The Highland Soap Company Limited, Registered Office – Spean Bridge, PH34 4EP
Premises:  Highland Soap Company, Old Inverlochy Farm, North Road, Fort William, PH33 6TQ
Type:  On and off sales

There had been circulated Report No HLB/061/20 which invited the Board to determine the application.

The Board AGREED to GRANT the application for a provisional premises licence subject to the mandatory conditions, local condition (k) and the special conditions set out in paragraph 7.3 of the report.

8.3  Applicant: Graham McMenemy, Ben View Hotel, Strontian, PH36 4HY
Premises:  Ben View Hotel and Phoenix Restaurant, Strontian, PH36 4HY
Type:  On and off sales

There had been circulated Report No HLB/062/20 which invited the Board to determine the application.  The report advised that a letter of objection had been received from Police Scotland.

The Clerk confirmed that the applicant had submitted a written representation to state his case, a copy of which had been circulated to the Board on 31 August 2020.

The applicant outlined his background and the circumstances surrounding Police Scotland’s objection. 

Sergeant Katy Duncan read out the terms of Police Scotland’s objection.  The Chief Constable objected to the application as it was inconsistent with the licensing objectives under Section 23 (5)(c) of the Act.  Mr McMenemy was not a fit and proper person to hold a Premises Licence and it was therefore recommended by Police Scotland that the application be refused.

Mr Ian Cox, Licensing Standards Officer, advised that he had known the applicant and visited the premises with the previous Licensing Standards Officer, Mrs L Treasurer, in 2018.   The applicant had failed to renew his personal licence in 2018 but he had now re-sat and passed a new personal licence course.   The Ben View Hotel is currently closed, there were substantial exterior grounds which had been well looked after.  The exterior of the hotel had recently been repainted showing extensive work by Mr McMenemy.  The internal area of the hotel would require redecoration but Mr McMenemy was capable of this.

The Clerk explained to the Board and applicant that if the licence was refused today, it would preclude a new application from the applicant for one year.

Mr McMenemy thereafter requested that his application be withdrawn.

The Board NOTED that the application was withdrawn at the applicant’s request.

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/RSL/1706
Applicant:  Mary R Fraser
Premises:  Bridge Café, Spean Bridge, PH34 4EP
Type: Major Variation

There had been circulated Report No HLB/063/20 which invited the Board to determine the application.

The Clerk confirmed that the applicant had submitted a written representation to state her case, a copy of which had been circulated to the Board on 1 September 2020.

The Board AGREED to GRANT the major variation to the premises licence subject to the mandatory conditions, existing local conditions, additional local conditions (k), (m), (n)(i), and (p) and the special conditions set out in paragraph 8.3 of the report.

9.2  Ref:  HC/CSR/0995
Applicant:  Wm Morrison Supermarkets plc
Premises:  Morrisons, Dalmore Road, Alness
Type: Off Sales

There had been circulated Report No HLB/064/20 which invited the Board to determine the application.

The Clerk confirmed that the applicant’s solicitor had submitted a written representation to state their case, a copy of which was appended to the report.

The Board AGREED to GRANT the major variation of the premises licence subject to the mandatory conditions only.

9.3  Ref:  HC/CSR/0194
Applicant:  The Firm of Caspian Shellfish
Premises:  Ben Loyal Hotel, Tongue, IV27 4XT
Type: On and Off Sales

There had been circulated Report No HLB/065/20 which invited the Board to determine the application.

The applicant did not attend and had not submitted a written representation.

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

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

10.1  Ref: HC/CSR/1925
Applicant:  Co-operative Group Food Limited
Premises:  Co-op, 110 High Street, Invergordon
Type: Off Sales

There had been circulated Report No HLB/066/20 which invited the Board to determine the application.

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

11.  Application for personal licence
Iarrtas airson ceadachd phearsanta

11.1 Applicant:  Charles McCloskey 

There had been circulated Report No HLB/67/20 which invited the Board to determine the application.

The applicant did not attend.

The Board AGREED to REFUSE the application for a personal licence on the grounds (1) that the applicant was not a fit and proper person to hold such a licence due to the nature of his convictions which shows a propensity for violence and disorder and (2) it would be necessary to refuse the application for the purposes of the licensing objectives, namely the prevention of crime and disorder and securing public safety.

12.  Surrender of premises licence
Gèilleadh ceadachd togalaich

12.1  Premises:  Spar Shop, 14A Bank Street, Balintore
Licence Holder:  CJ Lang and Son Ltd

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

The meeting ended at 3.30 pm.