Agendas, reports and minutes

Minute of the meeting of the Highland Licensing Board held in the Council Chamber, Headquarters, Glenurquhart Road, Inverness, on Tuesday 17 December 2013 at 12.30pm.

Business

Present:

Dr I Cockburn, Mr A Duffy, Mr R Greene, 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 M MacInnes, Police Scotland
Sergeant S Campbell, Police Scotland

Item 9.4   – Mr S Manning, Applicant, and Mrs L Murray, Solicitor for the Applicant
Item 9.4   – Ms L Smart and Ms G Gunn, Objectors
Item 9.10 – Ms Y Watson, Applicant, and Mrs L Murray, Solicitor for the Applicant
Item 9.11 – Mrs L Murray, Solicitor for the Applicant and Ms L Smart, Objector

Ms M Smith in the Chair

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

Apologies for absence were intimated on behalf of Mr A Henderson and Mr W Mackay.

The Clerk advised that Mr R Laird had resigned from the Board with effect from 12 November 2013.

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 minutes of the meetings of the Board held on 5 November and 12 November 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-146-13 (22kb pdf) by the Clerk detailing the licences which had been granted under delegated powers during the period 23 October 2013 to 3 December 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-147-13 (45kb pdf) by the Clerk detailing the Occasional Licences and Extended Hours Applications which had been granted under delegated powers during the period 23 October 2013 to 3 December 2013 and inviting the Board to note the Report.

The Board NOTED the report.

6.  Review Proposal – Non Payment of Annual Licence Fees
Moladh Ath-sgrùdaidh – Neo-phàigheadh Chìsean Ceadachd Bliadhnail

There had been circulated Report No. HLB-148-13 (26kb pdf) by the Clerk concerning the non-payment of the annual Premises Licence Fee for the period 1 October 2013 to 30 September 2014 by the premises listed in the Appendix to the Report. The Report recommended that the Board agree to make a premises licence review proposal and cite the licence holders who had not paid the annual fee to a review hearing.

The Clerk also tabled a revised Appendix to the Report which set out the position to date in regard to those licence holders who had not paid the annual fee.

The Board AGREED to make a premises licence review proposal and to cite those licence holders who had not paid the annual fee to a review hearing on 8 January 2014.

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

7.1
Ref: HC/INBS/558
Applicant: The Partnership of John and Audrey Wallace Ashcroft, Cantraywood, Croy, Inverness
Premises: Cawdor Village Store, Cawdor
Type: Off Sales

There had been circulated Report No HLB-149-13 (17kb pdf) by the Clerk inviting the Board to determine the application.

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

7.2
Ref: HC/RSL/1682
Applicant: Community of Raasay Retail Association (CORRA) Ltd
Premises: Raasay Stores, 29/30 Inverarish Terrace, Isle of Raasay
Type: Off Sales

There had been circulated Report No HLB-150-13 (21kb 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 Provisional Premises Licences
Achd Ceadachd (Alba) 2005
Iarrtasan airson Ceadachdan Thogalaichean le Cumha

8.1
Ref: HC/CSER/1681
Applicant: Younes Amin
Premises: Key Store Express, 33 Bridge Street, Wick
Type: Off Sales

There had been circulated Report No HLB-151-13 (17kb pdf) by the Clerk inviting the Board to determine the application.

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

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/INBS/254 
Applicant: Punch Partnership Ltd, Jubilee House, Second Avenue, Burton upon Trent, per TLT LLP, 140 West George Street, Glasgow
Premises: Gellions, Bridge Street, Inverness
Type: On and off Sales

There had been circulated Report No HLB-152-13 (49kb pdf) by the Clerk in connection with the application and advising that an objection has been received from Mr Robin Murray on behalf of Highland Apartments Association, 34 Ardconnel Street, Invernes and representing Apartments 205,210,209,308,309 and 402 by the Bridge, Bridge Street, Inverness.

The Licensing Standard Officer explained that he had attended a meeting with the Applicant and the Objector at which agreement had been reached on a number of issues, and following which Mr R Murray had confirmed he was content to withdraw his objection.

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

9.2
Ref: HC/INBS/253
Applicant: Punch Partnership Ltd, per TLT Scotland Ltd, 140 West George Street, Glasgow
Premises: Monty’s Bar, Bridge Street, Inverness
Type: On and Off Sales

There had been circulated Report No HLB-153-13 (18kb pdf) by the Clerk in connection with the application and advising that an objection has been received from Mr Robin Murray on behalf of Highland Apartments Association, 34 Ardconnel Street, Inverness IV2 3EX, Mr Murray represents Apartments 205,210,209,308,309 and 402 By the Bridge, Bridge Street, Inverness.

The Licensing Standard Officer explained that he had attended a meeting with the Applicant and the Objector at which agreement had been reached on a number of issues, and following which Mr R Murray had confirmed he was content to withdraw his objection.

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

9.3
Ref: HC/INBS/213
Applicant: Punch Partnership Ltd, Jubilee House, Second Avenue, Burton upon Trent, per TLT LLP, 140 West George Street, Glasgow
Premises: MacCallums, 40 Union Street, Inverness
Type: On and Off Sales

There had been circulated Report No HLB-154-13 (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 existing local conditions.

9.4
Ref: HC/INBS/188 
Applicant: PECI Ltd, Chapelshade House, 78-84 Bell Street, Dundee, per Shane Manning, Agent
Premises: Private Eyes Inverness, 57 Academy Street, Inverness
Type: On Sales

There had been circulated Report No HLB-155-13 (373kb pdf) by the Clerk in connection with the application and advising that objections had been received by e-mail on 8 November 2013 from Gillian Gunn on behalf of the Violence Against Women Strategy Group and by e-mail on 8 November 2013 from Dr M Somerville, Director of Public Health, Assynt House, Beechwood Park, Inverness.

The Clerk further reported that a letter had been received in response to the application from Dr Boyd on behalf of the Scottish Christian Party. He confirmed that Dr Boyd was not present at the meeting. He advised that it was not clear from the terms of the letter whether it was an objection but confirmed that it had been received outwith the statutory 21 day period allowed for objections. He reported that Dr Boyd had not provided any explanation as to why his submission had been late and in the circumstances he recommended that the Board should not accept the letter.

The Board AGREED not to accept the letter from Dr Boyd on behalf of the Scottish Christian Party.

Mrs L Murray, Solicitor for the Applicant, spoke in support of the application during which she explained that her client had applied to extend the trading hours of the premises in response to customer demand. She suggested that the application accorded with the Board’s new Policy Statement and cautioned against any debate on personal attitudes to adult entertainment reminding all parties that at its meeting on 14 May 2013 the Board had approved an application by her clients to have adult entertainment included within the Operating Plan for the premises.

Mrs Murray continued that following a successful pilot period the premises had operated exclusively as an adult entertainment venue from July 2013 and that over this period no objections or representations had been received from Police Scotland or the public in regard to its operation.

Thereafter, Mrs L Murray responded to the objections received in response the application and she suggested that reference on the ‘Sin City Entertainment’ website to the employment status of the dancers was not relevant to the application and based on conjecture. She also clarified that her clients were not connected or affiliated to the website nor advertised on or provided any information for the site. Her clients had also challenged the operators of the website for publishing inaccurate information in relation to the premises.

In summary Mrs Murray suggested that the application accorded with policy and there were no material grounds on which to refuse the application.

Thereafter, Ms G Gunn, Highland Violence Against Women Strategy Group, addressed the Board in support of their objection. She referred to the position adopted and endorsed by the Council, in conjunction with its partners, through its Violence Against Women Strategy which recognised the causes and consequences of a number forms of gender based violence such as commercial sexploitation. The Council also recognised that activities such as lap dancing were inherently harmful to the dancers involved and to wider society. Further the Council’s Community Safety, Public Engagement and Equalities Committee had recently reaffirmed its commitment to tackling gender based violence and agreed that demand for all forms of commercial sexploitation should be challenged and those affected offered support.  She advised that the Scottish Government, World Health Organisation and United Nations also adopted this evidence based approach.  The Scottish Government’s Improvement Service had also issued guidance to elected Members on their role in tackling violence against women, including lap dancing, which advised that Members should be aware of their role and responsibilities in relation to the Human Rights Act 1998 and the Equalities Act 2010.

In conclusion Ms Gunn suggested that discussion on licensing applications which included adult entertainment had so far focused on the Licensing (Scotland) Act 2005. However she argued that there was a wider set of legislative requirements placed on Members and the Council as a whole and she urged the Board to give weight to the options available under the Human Rights and Equalities Acts in its determination of the application.

Ms L Smart, on behalf of the Director of Public Health, NHS Highland, advised that their objection related to solely to that part of the application which sought to extend the trading hours of the premises.  She expressed concern that when the original application had been considered by the Board on 14 May 2013, the applicants had provided an assurance that adult entertainment at the premises would be restricted to four nights per week. She also expressed concern that lap dancing and the associated employment practices were commercially exploitative of those involved and contributed to reinforcing stereotypes of women which pervaded into wider society.

Ms Smart also referred to the Power of Well Being which had been introduced in 2003 under which local authorities could take action to improve or promote the well-being their area. She proposed that the Board use this power to refuse the application on the basis it would be detrimental to the well-being of lap dancers and women in the area and the wider community.

In regard to a number of the points raised by the Objectors, the Clerk clarified that the Licensing Board was a separate legal entity from the Council, and therefore the legislation or statutory guidance that applied to the Council may not be relevant to the Board. For example he advised that the Power of Well-being did not apply to Licensing Boards.

In response to the objections raised Mrs L Murray clarified that she had confirmed to the meeting of the Board on 14 May 2013 that commercial factors would determine the frequency of adult entertainment events at the premises, and this had been recorded in the Minute of that meeting.

In response to questions from Members, the Licensing Standards Officer explained that two other nightclubs within Inverness operated the same hours being applied for and therefore a precedent existed. He indicated that the application complied with the Board’s new Policy Statement for late hours venues on the basis that significant entertainment would be provided at the premises.

Members proceeded to debate the application and observed that the Board was a separate entity from the Council and that its role and remit was to consider the application within the provisions of the relevant licensing legislation. Members noted the advice from the relevant officials that the application complied with the terms of the Board’s new Policy Statement and did not contravene the Licensing Objectives. Members therefore expressed the view that the application should be granted.

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

9.5
Ref: HC/INBS/413
Applicant: Cairngorm Mountain Limited, per Douglas Somerville, Cairngorm Mountain, Aviemore
Premises: The Ptarmigan, Cairngorm Mountain, Aviemore
Type: On and Off Sales

There had been circulated Report No HLB-156-13 (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 the existing local conditions.

9.6
Ref: HC/INBS/317 
Applicant: Cairngorm Mountain Limited, per Douglas Somerville, Cairngorm Mountain, Aviemore
Premises: The Day Lodge, Cairngorm Mountain, Aviemore
Type: On and Off Sales

There had been circulated Report No HLB-157-13 (19kb pdf) by the Clerk inviting the Board to determine the application.

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

9.7
Ref: HC/INBS/200
Applicant: Mitchells and Butlers Retail Limited, per Hill Brown, 3 Newton Place, Glasgow
Premises: The Snow Goose, Stoneyfield, Inverness
Type: On and Off Sales

There had been circulated Report No HLB-158-13 (18kb pdf) by the Clerk inviting the Board to determine the application.

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

9.8
Ref: HC/INBS/285
Applicant: Greene King Brewing and Retailing Ltd per Belhaven Pubs, Atrium House, 6 Back Walk, Stirling
Premises: The Auctioneers, 28 Church Street, Inverness
Type: On and Off Sales

There had been circulated Report No HLB-159-13 (18kb pdf) by the Clerk inviting the Board to determine the application.

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

9.9
Ref: HC/INBS/383
Applicant: Greene King Brewing and Retailing Ltd per Belhaven Pubs, Atrium House, 6 Back Walk, Stirling
Premises: The Exchange, 38-40 Academy Street, Inverness
Type: On and Off Sales

There had been circulated Report No HLB-160-13 (18kb pdf) by the Clerk inviting the Board to determine the application.

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

9.10
Ref: HC/INBS/291
Applicant: Marion Anderson, 4 Bellfield Park, Inverness per Harper Macleod, Solicitors, 45 Gordon Street, Glasgow
Premises: The Glenalbyn Bar, 2-4 Young Street, Inverness
Type: On and Off Sales

There had been circulated Report No HLB-161-13 (19kb pdf) by the Clerk inviting the Board to determine the application.

Mrs L Murray, Solicitor for the Applicant, reported that her client wished to amend the application to delete that part requesting a variation of off-sales on Monday to Saturday to 10.00am. She also requested that the Board consider granting that part of the application relating to the outdoor drinking area on the basis that it be a condition of the grant that the area would not be used until such time as the Council’s TEC Services issued the relevant Pavement Permit.

The Board AGREED to:-

i.  note that the application was amended to delete that part requesting a
    variation to Off-sales Monday to Saturday to 10.00 am; and
ii. grant the application, as amended, subject to the mandatory conditions and
   the local conditions detailed in paragraph 7.2 of the Report and a further 
   condition that the outdoor drinking area will not be used until the required
   Pavement Permit had been issued by TECS.

9.11
Ref: HC/INBS/07
Applicant: Scott Allan Murray, 15-6 West Tollcross, Edinburgh per Lorna Murray, 45 Culduthel Road, Inverness
Premises: The Keg, 30-32 Baron Taylor Street, Inverness
Type: On and Off Sales

There had been circulated Report No HLB-162-13 (1299kb pdf) by the Clerk in connection with the application and advising that an objection dated 2 December 2013 had been received from Dr Margaret Somerville, the Director of Public Health, and an observation dated 14 November 2013 had been received from Police Scotland. A petition in support of the application was also received on 2 December 2013.

Mrs L Murray, Solicitor for the Applicant, confirmed that her client wished to amend the application to remove that part requesting a variation to on-sales hours on Monday to Saturday from 08.00hrs to 22.00hrs.

Ms L Smart, on behalf of the Director of Public Health, NHS Highland, confirmed that she would have no objection to the application being amended on the basis outlined above subject to the commencement hour being 10.00hrs in line with the Board’s policy hours. She explained that NHS Highland’s objection had been submitted on the grounds of overprovision on the basis that extending the licensing hours of the premises could contribute to the increasing availability of alcohol and therefore the associated risk of harm.

The Clerk explained that the premises had inherited grandfather rights to open at 09.00hrs and that NHS Highland would require to lodge a separate submission if they wished to challenge that part of the application.  He also clarified that the Board’s overprovision policy did not apply to on-sales.

The Board AGREED to:-

i.  note that the application was amended to delete that part requesting a
    variation to on-sales hours: Monday to Saturday 08.00hrs to 22.00hrs; and
ii. grant the application, as amended, subject to the mandatory conditions and
   the existing local conditions.

9.12
Ref: HC/RSL/0559 
Applicant: Greene King Brewing and Retailing Ltd per Belhaven Pubs, Atrium House, 6 Back Walk, Stirling
Premises: The Mallard, Station Square, Dingwall
Type: On and Off Sales

There had been circulated Report No HLB-163-13 (18kb pdf) by the Clerk inviting the Board to determine the application.

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

9.13
Ref: HC/CSER/0078
Applicant: Wendy L Campbell
Premises: Crown Bar, 95 High Street, Wick
Type: On and Off Sales

There had been circulated Report No HLB-164-13 (19kb pdf) by the Clerk inviting the Board to determine the application.

The Board AGREED to grant the application subject to the mandatory conditions, the local and special conditions and the specific condition all detailed in paragraph 7 of the Report.

9.14
Ref: HC/CSER/1115
Applicant: Robert J Sutherland
Premises: The Waterfront Nightclub and Restaurant, 4 The Shore, Wick
Type: On and Off Sales

There had been circulated Report No HLB-165-13 (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 removal of all existing local and adult entertainment conditions and replacing them with the adult entertainment conditions detailed in paragraph 8 of the Report, and also to the local and special conditions detailed in paragraphs 9 and 10 of the Report.

9.15
Ref: HC/RSL/0437
Applicant: Bamon Ltd
Premises: Crofter Bar and Restaurant, 7-11 High Street, Fort William
Type: On and Off Sales

There had been circulated Report No HLB-166-13 (25kb pdf) by the Clerk inviting the Board to determine the application.

The Board AGREED to grant the application subject to the mandatory conditions, the mandatory late opening conditions, the local conditions and the special condition detailed in paragraph 7 of the Report.

9.16
Ref: HC/RSL/1395 
Applicant: Green King Retailing Ltd
Premises: Maryburgh Inn, 36 High Street, Fort William
Type: On and Off Sales

There had been circulated Report No HLB-167-13 (24kb pdf) by the Clerk inviting the Board to determine the application.

The Board AGREED to grant the application subject to the mandatory conditions, the mandatory late opening conditions, and the special condition detailed in paragraph 7 of the Report.

9.17
Ref: HC/RSL/1556 
Applicant: J D Wetherspoon (Scot) Ltd
Premises: The Great Glen (Wetherspoon) 98-104 High Street, Fort William
Type: On and Off Sales

There had been circulated Report No HLB-168-13 (23kb pdf) by the Clerk inviting the Board to determine the application.

The Board AGREED to grant the application to grant the application subject to the mandatory conditions, the mandatory late opening conditions, the local conditions and the special condition detailed in paragraph 7 of the Report.

10.  Licensing (Scotland) Act 2005 Section 83 – Application for Personal Licence – Notice of Conviction
Achd Cheadachd (Alba) 2005, Earrann 83 – Iarrtas airson Ceadachd Phearsanta - Brath Dìtidh

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

There had been circulated Report No HLB/169/13 [report removed from web version in compliance with Data Protection Act 1998] by the Clerk appending a letter dated 2 December 2013 from the Chief Constable, Police Scotland and a submission dated 20 November 2013 by the Applicant.

The Clerk noted that Ms Faircliff was not in attendance at the meeting. He also advised that Police Scotland had notified the Board of a relevant conviction but had not objected to or made representations in regard to the application.

The Board AGREED to grant the application.

11. Surrender of Premises Licence

11.1
Premises: Cunninghams, South Brae, Brora
Licence Holder: Anees Akhtar, Brae House, South Brae, Brora

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

11.2
Premises: Creag na Mara, East Mey, Caithness
Licence Holder: Christian van Rooyen

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

11.3
Premises: Applecross Campsite Café/Restaurant, Applecross
Licence Holder: Maureen and Clive Goldthorpe

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

11.4
Premises: Loch Duich Hotel, Ardelve, Dornie
Licence Holder: Raymond Gault and Caroline G Gault

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

11.5
Premises: Alladale Wilderness Reserve, Ardgay
Licence Holder: Inverlochy Castle Management International Ltd, Inverlochy Castle Hotel, Fort William, PH33 6SN

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

11.6
Premises: Polbain Stores, Achiltibuie
Licence Holder: Gillian Barron

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

11.7
Premises: Lochardil Stores, Morven Road, Inverness
Licence Holder: Daam Limited, 156 Culduthel Road, Inverness

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

11.8
Premises: Ard Na Coille Guest House, Kingussie Road, Newtonmore
Licence Holder: Jacqueline Edwards.

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

11.9
Premises: The Kist Restaurant, 10 High Street, Nairn
Licence Holder: D & J Barron Partnership, 4 Table Road, Nairn.

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

11.10
Premises: The Gathering Place, 87 Academy Street, Inverness
Licence Holder: Tiffany Chen Inverness Ltd, 224 High Street, Elgin

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

11.11
Premises: Alvey House, Golf Course Road, Newtonmore
Licence Holder: Kenneth Roy and Margaret King.

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

11.12
Premises: The Alexander Guest House, 16 Ness Bank, Inverness
Licence Holder: Andrew Mackinnon.

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

12.  Applications for Gaming Machine Permit for 4 Category C Machines

12.1
Premises: Kings Highway 72-74 Church Street, Inverness
Licence Holder: JD Wetherspoon (Scot) Ltd, c/o Brunton Miller, 22 Herbert Street, Glasgow

There had been circulated Report No HLB-170-13 (12kb pdf) by the Clerk inviting the Board to determine the application.

The Board AGREED to grant the application.

The meeting ended at 1.10pm.