Agendas, reports and minutes

Minute of the meeting of the Highland Licensing Board held in the Council Chamber, Headquarters, Glenurquhart Road, Inverness, on Tuesday 6 August 2013 at 3.30 pm.

Business

Present:

Dr I Cockburn, Mr A Duffy, Mr R Greene, Mr A Henderson, Mr R Laird, Mrs L Macdonald, 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
Sergeant R Nicolson, Police Scotland

Item 9.2 - Mrs L Murray, Solicitor for the Applicant
Item 9.3 - Mrs L Murray, Solicitor for the Applicant
Item 9.4 - Mr G Bowie, Applicant
Item 10.1 - Mrs L Murray, Solicitor for the Applicant
Item 10.2 - Mr W Wilson, Applicant
Item 10.8 - Mrs L Murray, Solicitor for the Applicant
Item 10.10 - Mr A Keith, Solicitor for the Applicant
Item 10.12 - Mr and Mrs J Macdonald, Applicants
Item 11.1 - Mrs L Murray, Solicitor for Premises Licence Holder
Item 13.1 - Mrs L Murray, Solicitor for Applicant
Item 13.1 - Fiona Colquitt, 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

An apology for absence was intimated on behalf of Mr W Mackay.

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 11 June 2013.

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-077-13 (60kb pdf) by the Clerk detailing the licences which had been granted under delegated powers during the period 29 May 2013 to 23 July 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-078-13 (193kb pdf) by the Clerk detailing the Occasional Licences and Extended Hours Applications which had been granted under delegated powers during the period 29 May to 23 July 2013 and inviting the Board to note the Report.

The Board NOTED the report.

6.  Consultation on Regulation of Sexual Entertainment Venues
Co-chomhairle mu Riaghladh Aitreabhan Chur-seachadan Feiseil

There had been circulated Report No. HLB-079-13 (65kb pdf) inviting the Board to consider a response to the Scottish Government’s consultation on the regulation of sexual entertainment venues. The Report advised that the purpose of the consultation was to invite views on the establishment of a licensing regime for sexual entertainment venues and explained that any such regime would be introduced by inserting provisions into the Civic Government (Scotland) Act 1982.

The Clerk advised that as it was proposed to license such venues under the Civic Government (Scotland) Act 1982, the Highland Licensing Committee would take the lead in responding to the consultation. He confirmed that the Licensing Committee, at its meeting earlier that day, had considered and approved the draft response appended to the Report.

Thereafter, the Board AGREED to endorse the response of the Highland Licensing Committee.

7.  Application and Annual Fees
Iarrtas agus Cosgaisean Bliadhnail

There had been circulated Report No. HLB-080-13 (50kb pdf) inviting the Board to increase the application and annual fees as detailed in the Schedule appended to the Report. The Report advised that in determining the fees, the Board must have regard to the desirability of ensuring that the total fees payable were likely to be broadly equivalent to the expenses incurred in administering the liquor licensing system.  Therefore in conjunction with the Finance Service, the annual costs of administering the licensing system had been reviewed and it was being recommended that the fees should be increased by 3% which was broadly in line with the consumer price index.

The Report also advised that the Licensing (Scotland) Act 2005 and Fees Regulations imposed certain restrictions on the level of fees and when they could be increased, and therefore there were certain fees that could not be increased eg occasional licence applications, and others that could not be increased until 2014.

In response to a question the Clerk confirmed he was satisfied that the income generated by the fees would cover the costs incurred by the Council in administering the liquor licensing system.

The Board APPROVED the schedule of fees as appended to the Report, to take effect as appropriate from 31 August 2013 and 31 August 2014.

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

8.1
Ref: HC/INBS/550    
Applicant: Partnership of Ernest Kopp and Debra Kopp (Cypress Rose Ltd), Elm Grove, 4 Spey Avenue, Grantown-on-Spey
Premises: Aviemore News, Unit 1 Myrtlefield Centre, Grampian Road, Aviemore
Type: Off Sales

There had been circulated Report No HLB-081-13 (25kb pdf) by the Clerk inviting the Board to determine the application.

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

8.2
Ref: HC/INBS/552    
Applicant: Mr Andrew Mackinnon, 16 Ness Bank, Inverness
Premises: The Alexander Guest House, 16 Ness Bank, Inverness
Type: On Sales

There had been circulated Report No HLB-082-13 (26kb 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 local conditions detailed at paragraph of 5.1 of the Report.

8.3
Ref: HC/RSL/1670
Applicant: David A Marr
Premises: Tighard Guest House, Isle of Canna
Type: On Sales

There had been circulated Report No HLB-083-13 (32kb pdf) by the Clerk inviting the Board to determine the application.

The Board AGREED to grant the application subject to the mandatory conditions, the local condition detailed at paragraph 6.2 and the specific condition detailed at paragraph 6.3 of the Report.

9.  Licensing (Scotland) Act 2005 
Applications for Provisional Premises Licences
Achd Ceadachd (Alba) 2005
Iarrtasan airson Ceadachdan Thogalaichean le Cumha

9.1
Ref: HC/INBS/551
Applicant: Murray Retail Limited, 4th Floor, Metropolitan House, 31-33 High Street, Inverness, per John Murray
Premises: Spar, Station Road, Ardersier
Type: Off Sales

There had been circulated Report No HLB-084-13 (12kb pdf) by the Clerk inviting the Board to determine the application.

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

9.2
Ref: HC/INBS/553
Applicant: Macdonald Resorts Ltd, per Halliday Campbell WS, 7 Tweedale Court, 14 High Street, Edinburgh
Premises: Macdonald Spey Valley Golf Club, Dalfaber Village, Dalfaber Drive, Aviemore
Type: On and Off Sales

There had been circulated Report No HLB-085-13 (14kb pdf) by the Clerk inviting the Board to determine the application.

Mrs L Murray explained the circumstances whereby there had been a delay in the site notice being posted due to the fact that the Applicant’s agent had been on leave. However she confirmed that the notice had subsequently been displayed at the premises for the full period of 21 days and that no objections or representations had been received. She requested that the Board exercise its discretion under section 135 of the Licensing (Scotland) Act 2005 and relieve the Applicant of this failure in procedure.

Thereafter and on hearing from the Clerk, the Board AGREED to grant the application subject to the mandatory conditions and to the local conditions detailed at paragraph 5.1 of the report.

9.3
Ref: HC/RSL/1667
Applicant: Nicolas Aburrow, per Lorna Murray, Solicitor, 45 Culduthel Road, Inverness
Premises: Red Poppy Restaurant (formerly Maya), Main Street, Strathpeffer
Type: On Sales

There had been circulated Report No HLB-086-13 (51kb pdf) by the Clerk inviting the Board to determine the application. The Report advised that a letter of representation had been received from Mr I Davidson and Ms G Scott dated 25 June 2013 in response to the application with particular regard to potential noise nuisance.

The Clerk noted that the objectors were not present at the meeting.

The Board heard from Mrs L Murray in support of the application, and the Licensing Standards Officer who reported that the issues raised in the letter of representation had been resolved to the satisfaction of the objectors through the application of local conditions recommended in the report.

The Board AGREED to grant the application subject to the mandatory conditions and the local conditions detailed at paragraph 5.1 of the report.

9.4
Ref: HC/RSL/1671
Applicant: Adelphi Distillery (1826) Ltd
Premises: Ardnamurchan Distillery, Glenbeg, Ardnamurchan
Type: On and Off Sales

There had been circulated Report No HLB-087-13 (22kb pdf) by the Clerk inviting the Board to determine the application.

The Clerk confirmed that the core opening hour applied for in respect of on sales from Monday to Saturday was outwith the Board’s policy.

The Board heard from Mr G Bowie who explained that the early opening time of 10.00am for on sales was being requested to accommodate the touring schedules of visitors who would generally also be visiting other distilleries in the area on the same day.

The Board also heard from the Licensing Standards Officers who explained that there were other similar facilities in Highland which had been granted an early opening time to accommodate the touring schedules of visitors and to allow them to sample the distillery’s products.

During discussion it was suggested that sufficient justification had not been provided for the early opening time of 10.00am which was outwith the Board’s policy hours.

A contrary view was expressed that on the basis that the early opening for on sales was reasonable on the basis that it was a visitor centre and the fact there were other similar facilities in the Highland area which benefited from early opening hours to accommodate the tourist trade.

Thereafter, Mr D Millar seconded by Mr A Henderson moved that the application be granted subject to policy hours being applied to the on sales element of the application i.e. 11.00am.

Ms M Smith seconded by Mr R Laird moved as an amendment that the application be granted on the basis recommended in the report.

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

Motion (2): Mr D Millar and Mr J Stone.

Amendment (7): Dr I Cockburn, Mr A Duffy, Mr R Greene, Mr A Henderson,
Mr R Laird, Mrs L Macdonald, and Ms M Smith

Decision:
The amendment accordingly became the finding of the meeting i.e. that the application be granted subject to the mandatory conditions and local conditions detailed at paragraph 6.2 of the report.

10.  Licensing (Scotland) Act 2005
Applications for variation (major) to Premises Licences
Achd Ceadachd (Alba) 2005
Iarrtasan airson Caochladh (Mòr) a thaobh Ceadachdan Thogalaichean

10.1
Ref: HC/INBS/416  
Applicant: Carrbridge Hotel Ltd, Main Road, Carrbridge
Premises: Carrbridge Hotel, Main Road, Carrbridge
Type: On and off Sales

There had been circulated Report No HLB-088-13 (18kb pdf) by the Clerk inviting the Board to determine the application.

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

10.2
Ref: HC/INBS/321  
Applicant: Glenmore Outdoor Limited per William Wilson, 15-17 High Street, Kingussie
Premises: Glenmore Shop and Café and Pine Martin Bar, Glenmore, Aviemore
Type: On and Off Sales

There had been circulated Report No HLB-089-13 (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 local conditions detailed at paragraph 7.2 of the report.

10.3
Ref: HC/INBS/014 
Applicant: Andrew Stevenson McLauchlan, Westerlea Hotel, Inverness Road, Nairn
Premises: Westerlea Hotel, Inverness Road, Nairn
Type: On and Off Sales

There had been circulated Report No HLB-090-13 (20kb pdf) by the Clerk inviting the Board to determine the application.

The Board AGREED to grant the application subject to the mandatory conditions and specific condition detailed at paragraph 7.3 of the report.

10.4
Ref: HC/INBS/232  
Applicant: David Woolsey, Cairngorm Cottage, Deshar Road, Boat of Garden
Premises: Boat of Garten Post Office, Deshar Road, Boat of Garten
Type: Off Sales

There had been circulated Report No HLB-091-14 (17kb pdf) by the Clerk inviting the Board to determine the application.

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

10.5
Ref: HC/INBS/305  
Applicant: Nairn Sailing Club, The Clubhouse, Harbour Street, Nairn
Premises: Nairn Sailing Club, The Clubhouse, Harbour Street, Nairn
Type: On Sales

There had been circulated Report No HLB-092-13 (18kb pdf) by the Clerk inviting the Board to determine the application.

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

10.6
Ref: HC/RSL/1322  
Applicant: Co-operative Group Food Ltd, per BMK Wilson
Premises: Co-operative Group Food Ltd, Bridge Road, Kyle of Lochalsh
Type: Off Sales

There had been circulated Report No HLB-093-13 (17kb pdf) by the Clerk inviting the Board to determine the application.

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

10.7
Ref: HC/RSL/1281 
Applicant: The Edinburgh Woollen Mill Ltd, per MacDonald Licensing
Premises: Portree Knitwear, 11 Wentworth Street, Portree
Type: Off Sales

There had been circulated Report No HLB-094-13 (18kb pdf) by the Clerk inviting the Board to determine the application.

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

10.8
Ref: HC/CSER/1168  
Applicant: Morven Holdings Limited per Lorna Murray, 45 Culduthel Road, Inverness
Premises: The Newmarket Bar, Traill Street, Thurso
Type: On Sales

There had been circulated Report No HLB-095-13 (15kb 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 local conditions and specific condition detailed at paragraph 7 of the report.

10.9
Ref: HC/CSER/0358 
Applicant: Vicky Taylor
Premises: Portmahomack Post Office and Stores, Main Street, Portmahomack
Type: Off Sales

There had been circulated Report No HLB-096-13 (17kb pdf) by the Clerk inviting the Board to determine the application.

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

10.10
Ref: HC/CSER/0727
Applicant: KDM Inns Limited per MacArthur and Co, 7 Ardross Street, Inverness
Premises: Foxes Hotel, 11 Saltburn Road, Invergordon
Type: On and Off Sales

There had been circulated Report No HLB-097-13 (64kb pdf) by the Clerk inviting the Board to determine the application. The Report advised that a letter of objection had been received from Mr R Hellet and Miss L Haughey, and a letter of representation from Invergordon Community Council in response to the application.

The Chair confirmed that the objectors were not present at the meeting.

Mr A Keith, Solicitor for the Applicant, spoke in support of the application and responded to the points raised by the objectors. In this regard he explained that his clients intended to operate the premises as a restaurant and lounge bar, and not as a public bar as had been the case under previous ownership.

The Licensing Standards Officer explained that he had met with the objectors and that they had been reassured that the premises would not be run as a public house, and that the new owners intended to concentrate on the provision of meals and accommodation, and provide facilities and services for small receptions.

In regard to the representation received from Invergordon Community Council, Mr A Keith confirmed that his clients would be willing to deploy additional stewards for specific events if and when this may be required.

Thereafter, the Board AGREED to grant the application subject to the mandatory conditions, the special condition detailed at paragraph 7.3 of the report and the removal of local condition (j).

10.11
Ref: HC/RSL/0156 
Applicant: George Wood Priest
Premises: Culbokie Village Store, Smithfield, Culbokie
Type: Off Sales

There had been circulated Report No HLB-098-13 (25kb pdf) by the Clerk inviting the Board to determine the application.

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

10.12
Ref: HC/RSL/1450 
Applicant: John F MacDonald
Premises: Mingarry Park Guest House, Mingarry, Acharacle
Type: On Sales

There had been circulated Report No HLB-099-13 (129kb pdf) by the Clerk inviting the Board to determine the application.  The Report advised that two timeous letters of representation had been received from the Reverend Kate Atchley on 17 July 2013, and from Dr Jayne Theaker on 19 July 2013. Both parties had intimated their apologies for not being able to attend the meeting.

The Clerk reported that three late letters of support had been received in response to the application.

Mrs F MacDonald, Applicant, explained that the late letters of support had been submitted to reflect the support that existed within the community for their application and to respond to the letters of representations which had been received in response to the application.

The Board AGREED to accept the late letters of support and copies were circulated to Members.

Thereafter, and on hearing from Mr J MacDonald, Applicant, the Board AGREED to grant the application subject to the mandatory conditions, the local conditions set out at section 7.2 and the specific conditions set out at section 7.3 of the Report.

10.13
Ref: HC/RSL/1645  
Applicant: Roger Niemeyer
Premises: Glencoe House, Glencoe
Type: On Sales

There had been circulated Report No HLB-100-13 (18kb pdf) by the Clerk inviting the Board to determine the application.

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

10.14
Ref: HC/RSL/1062  
Applicant: Loch Ness Coffee Company Ltd
Premises: Cobb’s Lounge Bar at Nevisport, Airds Crossing, Fort William
Type: On Sales

There had been circulated Report No HLB-101-13 (20kb pdf) by the Clerk inviting the Board to determine the application.

The Board AGREED to grant the application subject to the mandatory conditions, the local conditions detailed at paragraph 7.2 and the specific condition detailed at paragraph 7.3 of the report.

10.15
Ref: HC/RSL/1461  
Applicant: Fort William FC
Premises: Fort William FC Clubhouse, Claggan Park, Fort William
Type: On Sales

There had been circulated Report No HLB-102-13 (19kb pdf) by the Clerk inviting the Board to determine the application.

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

11.  Licensing (Scotland) Act 2005
Applications for variation (major) to Premises Licences
Achd Ceadachd (Alba) 2005
Iarrtasan airson Caochladh (Mòr) a thaobh Ceadachdan Thogalaichean

11.1
Ref: HC/CSER/1633  
Applicant: Yvonne Fitzgerald per Lorna Murray, 45 Culduthel Road, Inverness
Premises: Cellar Bar, Bridge Street, Wick
Type: On and Off Sales

There had been circulated Report No HLB-103-13 (18kb pdf) by the Clerk inviting the Board to determine the application.

The Clerk advised that the applicant had confirmed that in regard to the capacity of the premises she wished to amend the application to read ‘capacity 80 but reduced to 60 at any time when a pool table was located in any public part of the premises’.

Mrs L Murray, Solicitor for the Applicant, advised that her clients also wished to amend the application to change the name of the premises to ‘Retro’.

The Board AGREED to grant the application, as amended, subject to the mandatory conditions and special condition detailed at paragraph 7.2 of the report.

12.  The Licensing (Scotland) Act 2005 Section 43
Notice of Conviction
Achd Cheadachd (Alba) 2005, Earrann 83,
Brath Ditidh

12.1 Licence Holder: Asda Stores Limited
Premises: Asda Store, Ivanhoe Avenue, Inverness

There had been circulated Item 12 (467kb pdf) | Item 12.1 (277kb pdf) notice of conviction received from the Chief Constable dated 3 July 2013.

The Board NOTED the notice of conviction.

12.2 Licence Holder: Asda Stores Limited
Premises: Asda Store, Knockbreck Road, Tain

There had been circulated Item 12.2 (56kb pdf) notice of conviction received from the Chief Constable dated 3 July 2013.

The Board NOTED the notice of conviction.

13.  Application for Personal Licence
Iarrtas airson Ceadachd Phearsanta

13.1 Applicant: Fiona Colquitt  [text removed from web version in compliance with Data Protection Act 1998]

There had been circulated Report No. HLB/104/13 by the Clerk inviting the Board to hold a Hearing to consider and determine an application for a personal licence by Fiona Colquitt, under Section 72 of the Licensing (Scotland) Act 2005. The Report appended a letter dated 18 July 2013 from Police Scotland intimating that the applicant had been convicted of a relevant conviction, which she had declared on her application form.

On hearing from Mrs L Murray, Solicitor for the Applicant, the Board AGREED to grant the application.

14.  The Gambling Act 2005
Application for Licensed Premises Gaming Machine Permit

14.1
Premises: The Caledonian, 9-11 High Street, Inverness
Applicant: (Licence Holder) Bramwell Pubs and Bars Ltd, Lunar House, Globepark, Bucks, per Hill Brown Licensing, 3 Newton Place, Glasgow

There had been circulated Report No. HLB-105-13 (8kb pdf) by the Clerk inviting the Board to determine an application for the provision of a total of 3 Category C Machines in the ‘On and Off Sales’ premises detailed above.

The Board AGREED to grant the application.

The meeting ended at 4.15 pm.