Agendas, reports and minutes

Minute of the meeting of the Highland Licensing Board held in the Council Chamber, Headquarters, Glenurquhart Road, Inverness, on Tuesday 11 June 2013 at 12.40pm.

Business

Present:

Dr I Cockburn, Mr A Duffy, Mr R Greene, Mr A Henderson, Mr R Laird, Mrs L MacDonald, Mr W Mackay (by Video Conference), Mr D Millar, Ms M Smith and Mr J Stone.

In Attendance:

Mr A Mackenzie, Clerk
Ms S Blease, Depute Clerk
Mr I Cox, Licensing Standards Officer
Mr D Inglis, Licensing Standards Officer
Mrs L Treasurer, Licensing Standards Officer
Ms A Macrae, Committee Administrator
Mrs A MacArthur, Administrative Assistant

Also in Attendance:

Inspector A Henderson, Police Scotland
Mr J Williamson, Licensing Enquiry Officer, Police Scotland

Item 8.3 - Mr M Quinney, Applicant
Item 9.1 - Mrs L Murray, Solicitor for the Premises Licence Holder
Item 9.2 - Mrs L Murray, Solicitor for the Premises Licence Holder
Item 10.1 - Mr C Peck, Applicant

Briefing on Protocol for Webcasting of Meetings.

Ms M Smith in the Chair

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 had been circulated for confirmation the minute of the meeting of the Board held on 14 May 2013.

The minute was 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-067-13 (14kb pdf) by the Clerk detailing the licences which had been granted under delegated powers during the period 1 May 2013 to 28 May 2013 and inviting the Board to note the Report.

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-068-13 (34kb pdf) by the Clerk detailing the Occasional Licences and Extended Hours Applications which had been granted under delegated powers during the period 30 April 2013 to 28 May 2013 and inviting the Board to note the Report.

The Board NOTED the Report.

6. Licensing (Scotland) Act 2005
Guidelines to consider the grant of extended hours for the annual Loopallu Music Festival, Ullapool
Achd Ceadachd (Alba) 2005
Lùl gus Beachdachadh air Uairean Leudaichte a Bhuileachadh Fèis Chiuil Bhliadhnail Loopallu, Ullapul

There had been circulated Report no HLB-069-13 (15kb pdf) inviting the Board to consider promoting guidelines in relation to extended licensing hours for the 2013 Loopallu music festival fringe events.

The Report recommended the following hours:

Friday 20 September and Saturday 21 September 2013 – extended hours until 0200 hours the following day.

The Report also recommended that the following conditions be attached to any extended hours licences which are granted: (i) a person trained to the satisfaction of the Licensing Board in administering first aid must be present on the premises from 0100hours and (ii) a designated person who is the holder of a personal licence must be present on the premises from 2200 hours.

The Board AGREED the suggested hours and the recommended conditions for the above event.

7. Licensing (Scotland) Act 2005 
Application for New Premises Licences
Achd Ceadachd (Alba) 2005
Iarrtasan airson Cheadachan Thogalaichean Ura

7.1 Ref: HC/INBS/549
Applicant: The Highlanders’ Museum Limited
Premises: The Highlanders’ Museum, Fort George, Ardesier
Type: Off Sales

There had been circulated Report No HLB-070-13 (13kb pdf) by the Clerk inviting the Board to determine the application.

The Board AGREED to grant the application subject to the mandatory conditions.

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/RSL/0332
Applicant: Ossian Developments Limited
Premises: Dragon’s Tooth Golf Club, Glenachulish, Ballachulish
Type: On Sales

There had been circulated Report No HLB-071-13 (19kb pdf) by the Clerk inviting the Board to determine the application.

The Board AGREED to grant the application subject to the mandatory conditions and to the additional local condition set out at section 7.2 of the report.

8.2  Ref: HC/RSL/1300
Applicant: Glencoe Mountain Limited
Premises: Glencoe Ski Centre, White Corries, Glencoe
Type: On and Off Sales

There had been circulated Report No HLB-072-13 (18kb pdf) by the Clerk inviting the Board to determine the application.

The Board AGREED to grant the application subject to the mandatory conditions.

8.3  Ref: HC/CSER/1623
Applicant: M & J Quinney t/a Morven Guesthouse
Premises: Morven House Guesthouse, 70 Norvar Road, Alness
Type: On Sales

There had been circulated Report No HLB-073-13 (64kb pdf) by the Clerk inviting the Board to determine the application. The Report advised that an objection dated 26 April 2013 had been received in response to the application from Brian W McNair on behalf of himself and other local residents: Mr M Graham, Ms C McGroarty, Ms N Lennan, Ms J Stewart, Mr W Stewart, Ms M Cormack, and Ms E Harper.

The Clerk advised that a further letter of objection had been received from the objector Mr B McNair, apologising for not being able to attend and confirming that he wished to maintain his original objection on the grounds of potential noise nuisance and disturbance.

In regard to the points raised by the objectors the Licensing Standards Officer explained that the proposed operation of the premises differed significantly from the past, noting that it was a small scale operation with a limited capacity of 68 persons, including residents. He also reported that the alternative access referred to by the objectors had been blocked off and the only access was via the main driveway.

The Licensing Standards Officer further advised that there were local conditions available to the Board to place restrictions on the outdoor drinking area and the playing of live music, if Members considered these to be necessary.

Mr M Quinney, applicant, spoke in support of the application and advised that the premises benefited from CCTV coverage; that access could only be gained to the premises via the main driveway; and that the current premises licence placed no restrictions on the outdoor drinking area. He also confirmed that he would be content to accept the conditions recommended by the Licensing Standards Officer.

Following discussion, the Board AGREED to grant the application subject to the mandatory conditions and to the local conditions detailed at paragraph 7.2 of the Report, with recommended local condition (g) being amended to replace 2100 hours with 2200 hours.

9. Licensing (Scotland) Act 2005 Section 38 – Applications for Review of Premises Licence
Achd Cheadachd (Alba)2005, Earrann 38 –
Iarrtasan airson Eisteachd Ath-breithnechail air Ceadachd Togalaich

9.1  Premises: Glen Affric Bar, Cannich, By Beauly
Licence Holder: Robert Munro Jenkins, [text removed from web version in compliance with Data Protection Act 1998]

There had been circulated Report No HLB-074-13 (51kb pdf) by the Clerk appending a premises review licence application from nearby residents Mr and Mrs Paul McKinley dated 22 May 2013 in terms of Section 36 of the Licensing (Scotland) Act 2005, and inviting the Board to determine the review application by way of a review hearing.

The Board was advised that the review application alleged there had been a breach of Licensing Objective 4(c) which related to preventing public nuisance.

The Licensing Standards Officer reported that Mr and Mrs McKinley had intimated that they would not be in attendance at the meeting but that they wished to maintain the terms of their review application.  The Clerk clarified that although Mr and Mrs McKinley were not present at the meeting, the Board was obliged to consider the terms of their submission.

The Licensing Standards Officer explained that following a similar complaint from Mr and Mrs McKinley in 2009 a voluntary agreement had been made with the Premises Licence Holder to control the use of the outside area and monitor customer behaviour. He advised that in the intervening period no further complaints had been received until receipt of the review application. He recommended that to resolve matters additional local conditions be applied to the premises licence to control the use of the outdoor drinking area and to mitigate against any nuisance caused by live performances or the playing of live music as follows:

    After 2200 (or such other time as may be specified by the Licensing Board) alcoholic or non alcoholic drinks shall not be consumed in an outdoor drinking area.
    After 2200 all tables and chairs shall be removed from the outdoor drinking area.
    During any musical or live performance after 2200 all doors and windows will be kept closed so as to prevent any noise nuisance to nearby residential property.

Mrs L Murray, Solicitor for the Premises Licence Holder, advised that her client was content to accept the additional conditions recommended by the Licensing Standards Officer  set out in the Report.

The Board AGREED to vary the Premises Licence to include the above local conditions.

9.2  Premises: UV Nightclub (formerly Cake and Motion), Rose Street, Inverness
Licence Holder: Inverness Properties Limited, Albyn House, Union Street, Inverness

There had been circulated Report No HLB-075-13 (39kb pdf) by the Clerk appending a premises review licence application from Mr I Cox, Licensing Standards Officer, dated 24 May 2013 in terms of Section 36 of the Licensing (Scotland) Act 2005. The Report invited the Board to determine the review application by way of a review hearing.

The Board was advised that the review application sought to formalise the current voluntary arrangements at the premises in regard to the hosting of under 18 events in the interests of upholding the Licensing Objective 4(e) relating to protecting children from harm. It was confirmed that the Premises Licence Holder was agreeable to the proposed additional local conditions.

Mrs L Murray, Solicitor for the Premises Licence Holder, confirmed that her clients were content to accept the conditions recommended by the Licensing Standards Officer  set out in the Report.

The Board AGREED to vary the Premises Licence to include the local conditions suggested by the Licensing Standards Officer at paragraph 8 of his Report, subject to ‘Northern Constabulary’ being replaced with ‘Police Scotland’ in Condition 3.

10.  Licensing (Scotland) Act 2005 Section 83 – Review of Personal Licence – Notice of Conviction
Achd Cheadachd (Alba) 2005, Earrann 83 – Ath-sgrudadh air Ceadachd Phearsantsa – Bradh Ditidh

10.1 Licence Holder:  [text removed from web version in compliance with Data Protection Act 1998]

There had been circulated Report No HLB/076/13 [report removed from web version in compliance with Data Protection Act 1998] by the Clerk concerning an application for a personal licence by  [text removed from web version in compliance with Data Protection Act 1998] and appending notice of convictions dated 7 May 2013 received from Police Scotland. The Board was invited to determine the application.

The Clerk confirmed that Police Scotland had intimated that they had no objections to the application.

On hearing from the applicant, [text removed from web version in compliance with Data Protection Act 1998], the Board AGREED to grant the application. 

The meeting ended at 12.55 pm.