Agendas, reports and minutes

Minute of the meeting of the Highland Licensing Board held in the Council Chamber, Headquarters, Glenurquhart Road, Inverness, on Tuesday 5 November 2013 at 12.30pm.

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

Also in Attendance:

Inspector A Henderson, Police Scotland

Item 11.2   – Mr D Lawson, Applicant
Item 11.4   – Mr A MacIver, Solicitor for the Applicant
Item 11.9 – Mr P Moore, Applicant, Mrs L Murray, Solicitor for Applicant and Mr I Henderson, Objector
Item 11.12 – Mr J Maclennan and Mr A Smith, Applicants, and Mrs L Murray, Solicitor for the Applicants
Item 11.13 – Mr C Rattray and Mr A Stephenson, Applicants and Mr N Gilpin, Objector
Item 11.14 – Mrs J Wallace, Applicant
Item 13.1   – Mrs L Murray, Solicitor for 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

Items 11.2 and 15.1 – Mr R Greene (non-financial)

3.  Confirmation of Minutes      
Dearbhadh a’ Gheàrr-chunntais

There had been circulated for confirmation the minute of the meeting of the Board held on 1 October 2013.

The minute was held as read and APPROVED.

4.  Dates of Meetings in 2014

The Board NOTED the following dates for 2014, as agreed at The Highland Council on 24 October 2013. All meetings would take place in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness:-

    4 February 2014
    1 April 2014
    13 May 2014
    17 June 2014
    12 August 2014
    7 October 2014
    4 November 2014
    11 December 2014

5.   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-120-13 (17kb pdf) by the Clerk detailing the licences which had been granted under delegated powers during the period 18 September 2013 to 22 October 2013 and inviting the Board to note the Report.

The Board NOTED the Report.

6. 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-121-13 (34kb pdf)  by the Clerk detailing the Occasional Licences and Extended Hours Applications which had been granted under delegated powers during the period 18 September to 22 October 2013 and inviting the Board to note the Report.

The Board NOTED the report.

7.  Consultation on Draft Gambling Policy Statement
Dreachd Cho-chomhairle Aithris Poileasaidh Cearrachd

There had been circulated Report No. HLB-122-13 (371kb pdf) by the Clerk inviting the Board to approve the publication and issue of the proposed Consultation Draft Policy Statement set out in Appendix 1 as a formal Consultation Draft.

The Clerk confirmed that, if approved, it was recommended that the schedule of consultees listed in Appendix 2 to the Report should be consulted on the Consultation Draft Policy Statement.

The Board AGREED; (i) to approve the publication and issue of the proposed Consultation Draft Policy Statement set out in Appendix 1 of the Report as a formal Consultation Draft; and (ii) the list of consultees in Appendix 2 of the Report.

8. Chief Constable’s Report 2012/2013
Aithisg an  Ard-Chonstabail 2012/13

There had been circulated Report No. HLB-123-13 (58kb pdf)  by the Clerk regarding the Chief Constable’s Report to the Highland Licensing Board for 1 April 2012 to 31 March 2013.

Inspector A Henderson presented a summary of the Report during which he focused on those matters relating to policing in connection with the operation of the Licensing (Scotland) Act 2005 in Highland. He advised that Police Scotland’s objectives were focused on keeping people safe; reducing the impact alcohol had on communities; encouraging the responsible sale and supply of alcohol and taking positive action to prevent the irresponsible sale and supply of alcohol to children and young persons. In supporting these objectives he advised that Police Scotland adopted a consultation and review approach which also involved prevention, intervention and enforcement activities.  He also provided a summary of the statistics for the period 1 April 2012 to 31 March 2013 in relation to the number of: (i) applications for a premises licence review, (ii) interventions, (iii) test purchasing operations, and (iv) offences reported to the Crown Office and Procurator Fiscal Service.

Following his presentation, Inspector Henderson responded to a number of questions during which he advised that:-

    Police Scotland’s National Policy Review Unit was seeking to adopt national standards across Scotland. However there was also the opportunity for local input by officers in the Highlands and Island Division to ensure the rural circumstances of the Highlands were taken into account;
    in regard to premises licence applications Police Scotland sought to provide the Board with any relevant factual information available at the date of application to assist the Board in its decision making;
    Police Scotland were content that the change to the door entry policy in Inverness City Centre had not had a significant impact in policing terms and that there had been no evidence of increased crime and disorder since the change in the policy;
    in regard to education and its importance in changing Scotland’s relationship with alcohol, Police Scotland were involved in a number of initiatives through its prevention, intervention and enforcement work. This included ongoing interventions in schools, the involvement of youngsters in the test purchasing scheme and visits to licensed premises across Highland to ensure that under age youngsters were not gaining entry and consuming alcohol on those premises;
    parent alert letters were sent by Police Scotland in cases of a purchase on behalf of a child, and specific procedures were followed in conjunction with the Council’s Education and Social Work Services when a child was found to be under the influence of alcohol;
    Police Scotland was not aware of any significant problem in the Highlands with the illegal import and sale of alcohol.

In conclusion the Convener thanked Inspector A Henderson for his presentation.

Thereafter, the Board NOTED the Chief Constable’s Report for 2012/2013.

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

9.1 Ref: HC/INBS/556    
Applicant: SYHA (Trading) Ltd, 7 Glebe Street, Stirling
Premises: Aviemore Youth Hostel, 25 Grampian Road, Aviemore
Type: On and Off Sales

There had been circulated Report No HLB-124-13 (14kb pdf) by the Clerk inviting the Board to determine the application.

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

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

10.1 Ref: HC/INBS/557    
Applicant: Audrey Corbett Scott, Kilchumein House, Fort Augustus per Lorna Murray, 45 Culduthel Road, Inverness
Premises: MacVeans, Canal Side, Fort Augustus
Type: On and Off Sales

There had been circulated Report No HLB-125-13 (14kb 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/INBS/120 
Applicant: Co-operative Group Food Limited: 1 Angel Square, Manchester per BMK Wilson, 90 St Vincent Street, Glasgow
Premises: Co-operative Group Food Limited, Station Road, Beauly
Type: On and off Sales

There had been circulated Report No HLB-126-13 (13kb pdf) by the Clerk inviting the Board to determine the application.

The Board AGREED to grant the application subject to the mandatory conditions and the existing local conditions.

11.2  Ref: HC/INBS/161  
Applicant: Emerald Inns Ltd, 135 Culduthel Road, Inverness
Premises: Johnny Foxes and the Den, Bank Street, Inverness
Type: On and Off Sales

Mr R Greene declared a non-financial interest in this item on the basis that a family member was employed at the premises and he left the meeting while the application was determined.

There had been circulated Report No HLB-127-13 (14kb pdf) by the Clerk inviting the Board to determine the application.

The Board AGREED to grant the application subject to the mandatory conditions and the existing local conditions with removal of the local condition requiring plastic/polycarbonate glassware from 9.00 pm.

11.3  Ref: HC/INBS/203 
Applicant: Moshahid Ali, 7 Robertson Place, Nairn
Premises: Royal Bengal, 89 High Street, Nairn
Type: On Sales

There had been circulated Report No HLB-128-13 (13kb pdf) by the Clerk inviting the Board to determine the application.

The Board AGREED to grant the application subject to the mandatory conditions and the existing local conditions.

11.4  Ref: HC/INBS/110  
Applicant: J D Wetherspoon (Scot) Ltd, Wetherspoon House, c/o Brunton Miller, 22 Herbert Street, Glasgow
Premises: The Kings Highway, 72-74 Church Street, Inverness
Type: On and Off Sales

There had been circulated Report No HLB-129-13 (14kb pdf) by the Clerk inviting the Board to determine the application.

The Board AGREED to grant the application subject to the mandatory condition and the existing local conditions.

11.5  Ref: HC/INBS/289 
Applicant: Torvean Golf Club, Glenurquhart Road, Inverness
Premises: Torvean Golf Club, Glenurquhart Road, Inverness
Type: On and Off Sales

There had been circulated Report No HLB-130-13 (14kb pdf) by the Clerk inviting the Board to determine the application.

The Board AGREED to grant the application subject to the mandatory conditions and the existing local conditions.

11.6  Ref: HC/INBS/301 
Applicant: Fairways Leisure Group Ltd, Castle Heather, Inverness per Lorna Murray, 45 Culduthel Road, Inverness
Premises: Fairways, Castle Heather, Inverness
Type: On and Off Sales

There had been circulated Report No HLB-131-13 (14kb pdf) by the Clerk inviting the Board to determine the application.

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

11.7  Ref: HC/INBS/081 
Applicant: Whitbread Restaurants Ltd, Whitbread Court, Porz Avenue, Houghton Hall Office Park, Dunstable per John Gaunt and Partners, Omega Court, 372-374 Cemetery Road, Sheffield
Premises: Inshes Gate, Beechwood Industrial Park, Inverness
Type: On and Off Sales

There had been circulated Report No HLB-132-13 (13kb pdf) by the Clerk inviting the Board to determine the application.

The Board AGREED to grant the application subject to the mandatory conditions and the existing local conditions.

11.8  Ref: HC/INBS/497  
Applicant: Whitbread Group PLC, Houghton Hall Office Park, Dunstable per John Gaunt and Partners, Omega Court, 372-374 Cemetery Road, Sheffield
Premises: Premier Inn, Loch Ness House Hotel, Glenurquhart Road, Inverness
Type: On and Off Sales

There had been circulated Report No HLB-133-13 (14kb pdf) by the Clerk inviting the Board to determine the application.

The Board AGREED to grant the application subject to the mandatory conditions and the existing local conditions.

11.9  Ref: HC/INBS/507
Applicant: Peter Gerald Moore, Flat 2, 36 High Street, Nairn per Lorna Murray, 45 Culduthel Road, Inverness
Premises: The Playhouse, Church Street, Nairn
Type: On and Off Sales

There had been circulated Report No HLB-134-13 (121kb pdf) by the Clerk in connection with the application and advising that a letter of objection dated 21 October 2013 had been received from I M Henderson and a letter of representation dated 30 September 2013 had been received from Police Scotland. Letters of support dated 23 October 2013 had also been received from Mr R MacGregor, Ms D Smith, and Ms W Taylor.

Inspector A Henderson spoke in support of the representation from Police Scotland which brought attention to the fact that if granted the permitted hours would exceed 14 and would be outside the Board’s policy.

Mr I M Henderson spoke in support of his objection and observed that a previous planning application for use of the premises as a ‘night club’ had been refused by the Council and thereafter on appeal by the Scottish Office Reporter who indicated that one of the main reasons for refusal was the close proximity of the premises to a residential area.

He indicated that there were four public houses located nearby to his property and that he and the other residents in the area regularly experienced a certain level of disturbance after these premises closed at 01.00hrs which they had accepted without complaint.  However the application in seeking a terminal hour of 02.00hrs would extend any noise nuisance and disturbance into the early hours and therefore have an additional adverse impact on the amenity of local residents.   He also observed that the noise and disturbance impacting on his property occurred away from the CCTV cameras and from the licensed premises in the vicinity. He also expressed concern that the nature of the premises was changing, noting that the applicant had applied for the description to be changed from a ‘sports bar’ to a ‘late entertainment venue’.

In response to a point raised by Mr Henderson, the Clerk confirmed that the letters of support had been submitted timeously and had been received by e-mail hence why they had not been date stamped.

Mrs L Murray, Solicitor for the Applicant, further clarified that following the submission of the application, the relevant site notice was not received in her office until the day after the deadline for it being posted at the premises. However on receipt of the site notice it been e-mailed to her clients with the dates amended to ensure it was displayed at the premises for the full period of 21 days.

Thereafter, Mrs L Murray spoke in support of the application during which she circulated a layout plan and photographs of the premises and advised that:-

    in regard to the representation from Police Scotland, the Board’s new policy allowed premises to remain open for more than 14 hours provided it was satisfied that significant entertainment would be provided after 1am. She confirmed that significant late night entertainment would be offered at the premises but that her clients would be content to amend the application so that the commencement hour for on sales on Friday and Saturday would be 12 Noon. She noted that Police Scotland had not raised any operational concerns about the management of the premises;
    the views expressed by the objector Mr I M Henderson were his own and not representative of neighbouring residents.  Further he had not demonstrated that the premises were the specific cause of any noise or disturbance experienced near his property;
    reference to the previous planning history of the premises was irrelevant to the Board’s consideration of the licence application. She advised that the premises benefited from full planning permission and that the conditions attached to that permission did not preclude the granting of the variation to the premises licence. Furthermore no objections or representations had been received in response to the application from the Planning Service;
    the local residents who had written in support of the application lived in closer proximity to the premises than the objector. The residents were appreciative of the measures her client had put in place to ensure the premises traded in harmony with the local community. These included the deployment of professional door stewards and provision of in house CCTV cameras which were considered by those residents to be effective measures in monitoring and managing behaviour on Church Street, Nairn;
    in addition to the above her clients had implemented a range of measures to mitigate against any noise nuisance or disturbance arising from the premises which included restricting the numbers of persons in the premises, operation of a door entry policy and provision of professional sound and lighting systems;
    her clients were seeking to take benefit from the Board’s new policy which recognised ‘hybrid’ premises which operated as a general on sales during the day but offered significant late evening entertainment. She confirmed that the premises met the criteria for such premises and would be fully compliant with the late night opening conditions.  Her client was also content to accept the recommended additional local conditions and special conditions set out in the Clerk’s Report,

In response Mr Henderson reiterated his concerns that the grant of the application would extend any potential noise disturbance arising from those patrons making their way home from premises after the terminal hour of 02.00hrs.

Members proceeded to debate the application and commented that the closest neighbours had not raised any concerns regarding noise or disturbance arising from the premises. Further the objector had not sufficiently demonstrated that any alleged noise and disturbance could be specifically attributed to the premises.

In regard to the core hours applied for, Mrs L Murray confirmed that her client would be content to amend the application so that the commencement hour for on sales on Friday and Saturday would be 12 Noon.

The Board AGREED to grant the application subject to: the amendment that the commencement hour for on sales on Friday and Saturday be 12 Noon; the mandatory conditions; the existing local conditions with the addition of the further local conditions detailed at paragraph 7.2 and the specific condition detailed at paragraph 7.3 of the Report.

11.10  Ref: HC/RSL/1435
Applicant: The Ross-shire Club, Stafford House, High Street, Dingwall
Premises: The Ross-shire Club, Stafford House, High Street, Dingwall
Type: On and Off Sales

There had been circulated Report No HLB-135-13 (14kb pdf) by the Clerk inviting the Board to determine the application.

The Board AGREED to grant the application subject to the mandatory conditions and the existing local conditions.

11.11  Ref: HC/RSL/1470
Applicant: The Legion Dingwall Club, High Street, Dingwall
Premises: The Legion Dingwall Club, High Street, Dingwall
Type: On Sales

There had been circulated Report No HLB-136-13 (15kb pdf) by the Clerk inviting the Board to determine the application.

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

11.12  Ref: HC/RSL/0486 
Applicant: SBM (Fort William) Limited
Premises: Volunteer Arms, 47 High Street, Fort William
Type: On Sales

There had been circulated Report No HLB-137-13 (41kb pdf) | Appendix A B C (478kb pdf) by the Clerk in connection with the application and advising that a letter of representation dated 18 October 2013 had been received from Fort William Community Council, a copy of which was attached as Appendix B to the report.

The Clerk confirmed that no representative from Fort William Community Council was in attendance at the meeting.

The Board heard from Mrs L Murray, Solicitor for the Applicant, in support of the application during which she suggested there was no evidence of any nuisance associated with the dispersal of patrons from the premises or issues with queuing at the taxi ranks.  She advised that the neighbouring premises had applied for a later terminal hour of 03.00hrs and that staggered closing times would assist with any concerns in regard to dispersal.

She also circulated the Board with photos of the interior of the premises, and confirmed it met the criteria of a ‘hybrid’ premises in terms of the Board’s new policy statement. The premises would also be fully compliant with the late opening conditions and her client was content with the local and special conditions recommended to be attached to any grant of the application.   Mrs Murray also advised that her clients had not received any complaints in regard to noise nuisance over the four years they had operated the premises.

In discussion Members observed that the application complied with the Board’s new policy statement. However in mitigation of any potential noise nuisance Members requested that patrons be directed to the taxi ranks at either end of the High Street in Fort William, and that egress from the premises should be onto the High Street to avoid dispersal onto Middle Street.

Mrs L Murray confirmed that here clients would ensure that access was by way of the High Street and that patrons were directed to the appropriate taxi ranks.

Thereafter Board AGREED to grant the application subject to the mandatory conditions, the mandatory late opening conditions, removal of all existing local conditions and their substitution with the local conditions detailed at paragraph 7.3 and the special condition detailed at paragraph 7.4 of the Report.

11.13  Ref: HC/RSL/1570 
Applicant: MSM Highland Limited
Premises: Skipinnish Ceilidh House, Rear of 23 High Street, Middle Street, Dingwall
Type: On and Off Sales

There had been circulated Report No HLB-138-13 (72kb pdf) | Appendix A B C (478kb pdf) by the Clerk in connection with the application and advising that a representation dated 18 October 2013 had been received from Fort William Community Council and an objection dated 17 October 2013 received from Shergill Enterprises Ltd, t/a Best Western Imperial Hotel, copies of which were attached at Appendix B of the report.

The Board heard from Mr N Gilpin, Area Operations Director, Shergill Enterprises Ltd, who advised that his objection related solely to that part of the application which sought to increase the core terminal hour on Thursday, Friday and Saturday evenings from 02.00hrs to 03.00hrs. He advised that this was on the grounds that the guests at the Imperial Hotel would experience an increased level of noise and disturbance as guests dispersed from the Skipinnish Ceilidh House, particularly at the weekends. He advised that Hotel guests already complained about excessive noise and rowdy behaviour in the location and that extending the core terminal hour to 03.00am would exacerbate the problem.

The Clerk confirmed that Mr Gilpin had supplied details of complaints from guests at the Imperial Hotel regarding noise and disturbance which had been posted on a third party website, details of which he read out to the Board.

Mr A Stephenson, Premises Manager, indicated that some of the complaints detailed on the website related to live music being played in a nearby pub, and not at his premises where entertainment was provided by way of recorded music. He confirmed that the premises currently operated a door entry policy and that he would be willing for this to be amended so that there was no entry or exit onto Middle Street after 1am.  He indicated that no complaints had been received from the Imperial Hotel and that he would be content for the Council’s TEC Services (Environmental Health) to monitor the noise levels at and around the premises. However he was satisfied that the premises were not the main cause of any noise disturbance in the location.

In response to questions from Members, Mr Gilpin advised that notwithstanding the door entry policy, patrons exiting the premises from the High Street made their way onto Middle Street, adjacent to the Hotel. He reiterated that while any noise and disturbance could not be solely attributed to the premises it was a contributory factor and that granting the extension of the terminal hour would only increase the problem.

Mr A Stephenson emphasised that as a business the premises relied on the late night trade from local and visitors. However he was willing to resolve any issues in regard to noise and therefore provided an assurance that the Middle Street entrance/exit would be manned by a steward to ensure it was used as a fire exit only. He would also arrange for patrons exiting the venue to be directed to the taxi ranks at either end of the High Street.

In response to questions Members were advised that it was recommended that a special condition be attached to any grant of the licence so that all live vocals or amplified music would be controlled after 23.00 hours so that it would be inaudible in nearby residential property.

Following further discussion, the Board AGREED to grant the application subject to the mandatory conditions, the mandatory late opening conditions, removal of all existing local conditions and their substitution with the local conditions detailed at paragraph 7.3 and the special conditions and the specific condition detailed at paragraphs 7.4 and 7.5 of the Report

11.14  Ref: HC/RSL/1167  
Applicant: Derek and Janice R Wallace
Premises: Ossians Hotel, High Street, Fort William
Type: On Sales

There had been circulated Report No HLB-139-13 (32kb pdf) | Appendix A B C (478kb pdf) by the Clerk in connection with the application and noting that a representation dated 18 October 2013 had been received from Fort William Community Council, a copy of which was attached as Appendix B to the report.

The Clerk confirmed that no representative from Fort William Community Council was in attendance at the meeting.

The Board heard from the Applicant, Mrs J Wallace who explained that the application for a major variation had been submitted in line with the Board’s new policy statement adopted on 1 October 2013.  She advised that on seeking advice from the Licensing Standards Officer she had included Adult Entertainment as an activity taking place during core hours within the premises to provide some control over stag/hen nights who without her knowledge may arrange a ’stripper’ or to cover a dance group at an occasional ‘girls night’ event.  In regard to the latter she explained that bookings for such an event would only be accepted over the winter months when there were no guests in the Hotel. Mrs Wallace also provided Members with information on the layout of the premises and a detailed layout plan was circulated to the Board in this regard.

In response to a question Mrs Wallace confirmed that she was aware of and would comply with the list of adult entertainment conditions that would be attached to any grant of the application. She indicated that parties which had pre-booked an adult entertainment event would also be made aware of those conditions.

The Licensing Standards Officer clarified she had been contacted by Mrs Wallace in regard to an enquiry she had received for a ‘girls’ night booking. She had advised Mrs Wallace that in terms of her existing licence the event could not take place and if she wished adult entertainment to be included in her licence then she would have to apply by way of major variation and also comply with the relevant conditions.  Thereafter and having considered the information and advice offered, Mrs Wallace had decided to apply for a variation to have the activity included in her licence.

In discussion one Member expressed reservations in regard to the licensing of adult entertainment within the premises on the basis that as a Hotel it would be difficult to ensure that children and young people would not be in the vicinity during such events.

The Clerk advised that there was no evidence or grounds before the Board on which to refuse the application. He reported that the application complied with the Board’s new policy statement subject to the specific conditions set out in the report.

Following further discussion the Board AGREED to grant the application subject to the mandatory conditions, the mandatory late opening conditions, the adult entertainment conditions, removal of the existing local conditions and substitution with the local conditions detailed at paragraph 7.4 and the special conditions detailed at paragraph 7.5 of the Report.

11.15  Ref: HC/RSL/0435 
Applicant: Co-operative Group Food Ltd
Premises: Co-operative Group Food Ltd, Station Road, Mallaig
Type: Off Sales

There had been circulated Report No HLB-140-13 (17kb pdf) by the Clerk inviting the Board to determine the application.

The Board AGREED to grant the application subject to the mandatory conditions and the additional local conditions.

11.16  Ref: HC/RSL/1309 
Applicant: Anne Elizabeth Harley
Premises: Uig Hotel, Uig, Isle of Skye
Type: On and Off Sales

There had been circulated Report No HLB-141-13 (29kb pdf) by the Clerk inviting the Board to determine the application.

The Board AGREED to grant the application subject to the mandatory conditions and the local conditions detailed at paragraph 7.2 of the Report.

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

12.1  Ref: HC/RSL/1650  
Applicant: Co-operative Group Food Ltd
Premises: Co-operative Group Food Ltd, (New Store), Old Station Yard, Angus Crescent, Ballachuilish
Type: Off Sales

There had been circulated Report No HLB-142-13 (17kb pdf) by the Clerk inviting the Board to determine the application.

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

13.      Licensing (Scotland) Act 2005 Section 38
Applications for Review Hearing of Premises Licences
Achd Ceadachd (Alba) 2005, Earrann 38
Iarrtasan airson Eisteachd  Ath-bhreithneachail air Ceadachd Togalaich

13.1  Premises: The Waterfront Nightclub and Restaurant, 4 The Shore, Wick
Licence Holder: Robert Sutherland

There had been circulated Report No HLB-143-13 (216kb pdf) by the Clerk advising that a premises licence review application in terms of Section 36 of the Licensing (Scotland) Act 2005 had been received from Police Scotland and inviting the Board to hold a hearing to determine the application.

The Board heard from both the Clerk and from Mrs L Murray, Solicitor for the Premises Licence Holder, in regard to ongoing criminal proceedings in relation to the alleged incident at the premises.

The Clerk advised that pending the conclusion of the criminal proceedings it would be appropriate to defer the application for a review hearing to a future meeting.

Mrs L Murray reported that she understood a trial date had been set for 23 January 2014.

The Board AGREED to adjourn the Hearing to the Board meeting on 4 February 2014.

14. Surrender of Premises Licence

14.1  Licence Holder: Port Mor House, Isle of Muck
Premises: Partnership of Toby Fichtner-Irvine and Mary MacEwen

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

14.2  Premises: Glenfield Hotel, North Road, Ullapool
Licence Holder: Oxford Hotels and Inns Management Ltd, Regus House, Victoria Way, Admirals Park, Crossways, Dartford

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

14.3  Premises: Kinveachy Lodge, Boat of Garten
Licence Holder: Alexander Scobbie Lewis, Newtonbury, Cornhill, Banff

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

15. The Gambling Act 2005
Achd na Cearrachd 2005

Mr R Greene declared a non-financial interest in this item on the basis that a family member was employed at Johnny Foxes, Bank Street, Inverness and he took no part in the discussion or determination of the applications.

There had been circulated Report No HLB-144 (8kb pdf) by the Clerk advising that applications had been received as follows for the provision of a total of 3 Category C Machines in each On and Off sales premises below:-

Premises: Pockets, 55-67 Castle Street, Inverness
Applicant: Ali Raza Mohammed, 18 Wimberley Way, Inverness

Premises: 147 Pool and Snooker Centre, 34 Union Street, Inverness
Applicant: Partnership of Ian Alastair Richard Mackenzie and May Harvey Mackenzie, 3 Muirfield Park Inverness

Premises: The Room, 73 Queensgate, Inverness
Applicant: Ness Properties Limited, 10 Knockbreck Street, Tain

Premises: Johnny Foxes, Bank Street, Inverness
Applicant: Emerald Inns Ltd, 135 Culduthel Road, Inverness

The Board AGREED to grant each of the applications

The meeting ended at 2.40pm.