Agendas, reports and minutes

Highland Licensing Board

Date: Tuesday, 4 February 2014

Minutes: Read the minutes

Minute of the meeting of the Highland Licensing Board held in the Council Chamber, Headquarters, Glenurquhart Road, Inverness, on Tuesday 4 February 2014 at 2.15pm.  

Business
Present:
Dr I Cockburn
Mr A Duffy
Mr R Greene
Mr A Henderson
Mrs L Macdonald
Mr W Mackay
Mr D Millar

Ms M Smith

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
Sergeant S Campbell, Police Scotland
Item 9.1   – Ms J Nicholson, Solicitor for the Applicant
Item 9.2   – Ms J Nicholson, Solicitor for the Applicant

Item 11.3 – Mrs L Murray, Solicitor for the Applicant

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

An apology for absence was intimated on behalf of Mr J Stone.

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 17 December 2013 and 8 January 2014. 

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-002-14 (17kb pdf) by the Clerk detailing the licences which had been granted under delegated powers during the period 4 December 2013 to 22 January 2014 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-003-14 (41kb pdf) by the Clerk detailing the Occasional Licences and Extended Hours Applications which had been granted under delegated powers during the period 4 December 2013 to 22 January 2014 and inviting the Board to note the Report.

The Board NOTED the report. 

6.        Policy Statement 2013-16 under the Gambling Act 2005
Aithris Poileasaidh 2013-16 for Achd na Ceàrrachd 2005
There had been circulated Report No. HLB-004-14 (377kb pdf) by the Clerk detailing the consultation responses to the Consultation Draft Policy Statement set out in the Appendix and inviting the Board to agree the terms of its Policy Statement 2013-16.
The Clerk reported that two responses had been received in response to the consultation, these being from the Director of Health and Social Care, Highland Council and Addictions Counselling Inverness, the terms of which he suggested did not require any amendments to be made to the draft Policy. The Highland Licensing Forum had confirmed it had no comments on the draft Policy Statement.
The Clerk referred to previous concerns expressed by the Board in respect of the impacts of gambling on vulnerable adults and advised that in his response the Director of Health and Social Care had referred to the lack of available evidence in this regard. However the Director had advised that the matter was to be investigated further in conjunction with the Director of Public Health.  In addition the Director of Health and Social Care would be consulted on all applications received under the Gambling Act 2005. 
The Convener confirmed that Highland Council had made representations to the UK Government in regard to overprovision being recognised in the gambling legislation and that she was aware that local authorities in England were also lobbying the Government on this issue.  
The Clerk further reported that Addictions Counselling Inverness had offered to make a presentation to the Board on their work. He also acknowledged the need to consider further the training requirements for Members around the Gambling Act.
Following further discussion, the Board AGREED the draft Policy Statement 2013-16 under the Gambling Act 2005. 

The Board also AGREED to invite Addictions Scotland, Inverness to make a presentation to a future meeting, the date to be confirmed.

7. Alcohol Licensing for Royal National MOD 2014
Ceadachd Deoch-làidir airson MÒD Nàiseanta Rìoghail 2014
There had been circulated Report No HLB-005-14 (25kb pdf) providing Members with information to allow them to consider the potential for the grant of extended licensing hours for Inverness city premises during the period of the Royal National MOD from 10 to 17 October 2014.
In discussion it was suggested that a policy similar to that adopted for the festive period would be appropriate for the Royal National MOD and debate followed on the area to be covered by such a policy. 
The Clerk also referred to the World Cup to be held in 2014 and invited Members to consider whether they wished to adopt a policy for that event. In discussion it was reported that to date no demand had been observed for extended hours over the period of the tournament, and Members expressed the view that a policy for the grant of extended hours was not required, and that individual applications could be dealt with by the Board or the Chair under delegated powers.
Following discussion, the Board AGREED:-
i. to adopt a Policy, similar to the Festive Period policy, that applications under section 68 of the Licensing (Scotland) Act 2005 to extend on-sales licensed hours during the period 10 to 17 October 2014 would generally be considered acceptable by the Board.  Applications during this period may be granted for extended hours as follows: (i) up to 0200 hours in the case of premises without current late opening entitlement and (ii) up to 0400 hours in the case of premises with current late opening entitlement provided that significant entertainment continues to be provided up to the extended terminal hour sought; and
ii. that the Policy apply to any premises situated within the former Inverness Area of the Council.
8.        Premises Licence Review Hearings – Non-payment of Annual Fees
Èisteachdan Ath-sgrùdaidh airson Ceadachd Thogalaichean – Neo-phàigheadh Ceadachd Bhliadhnail
There had been circulated Report No. HLB-006-14 (28kb pdf) by the Clerk inviting Members, after hearing from the premises licence holders if present or represented, to consider and determine review proposals in respect of premises for which annual fees remain unpaid.
The Clerk provided an update and advised that the City Bar, Inverness and Ardgour Stores, Ardgour had now paid their annual fee. He confirmed all premises had been issued with several reminders in regard to the outstanding fee and had been invited to attend the Board to present their case at a hearing. 
Thereafter the Clerk confirmed that no parties were present at the meeting to represent the premises for which the annual fees remained unpaid, and in the circumstances recommended that the relevant licences should be revoked. 
The Board AGREED to revoke the following Premises Licences for which the annual fee had not been paid:-
  • Poachers Inn, Queensgate, Inverness 
  • Bridgend Stores, 5 Novar Road, Alness 
  • Red Chilli, 11 Duthus Street, Tain 
  • Everest Indian Restaurant, High Street, Fort William

9.        Licensing (Scotland) Act 2005  
Application for New Premises Licences 
Achd Ceadachd (Alba) 2005

Iarrtasan airson Cheadachan Thogalaichean Ura 

9.1  Ref: HC/INBS/560    
Applicant: Cruise Loch Ness Limited, Clava House, Cradlehall Business Park, Inverness, Per South Forrest, 8 Ardross Terrace, Inverness, 
Premises: Caledonian Spirit (Cruise Ship), Canal Side, Fort Augustus
Type: On and Off Sales.
There had been circulated Report No HLB-007-14 (15kb pdf) by the Clerk inviting the Board to determine the application.
The Clerk explained that the application sought to commence on sales at 10am which was outwith the Board’s policy hours. He advised that similar operations had been granted on sales from 10am in the past, but that this had been prior to the recent adoption of the Board’s new Policy Statement.
Ms J Nicholson, Solicitor for the Applicant, spoke in support of the application and advised that the cruises operated by her client commenced at 10am and therefore an earlier opening time was being applied so that passengers could be offered on sales at the start of their trip. However she indicated that her clients would be willing to amend the application so that on sales commenced at 11.00hrs to comply with the Board’s policy hours.

The Board AGREED to grant the amended application (on sales to commence at 11.00hrs), subject to the mandatory conditions and the local conditions detailed in paragraph 6.1 of the Report.

9.2  Ref: HC/RSL/1682     
Applicant: Cruise Loch Ness Limited, Clava House, Cradlehall Business Park, Inverness 
Premises: Royal Scot (Cruise Ship), Canal Side, Fort Augustus, Per South Forrest, 8 Ardross Terrace, Inverness
Type: On and Off Sales
There had been circulated Report No HLB-008-14 (15kb pdf) by the Clerk inviting the Board to determine the application.
The Clerk explained that as with item 9.1 above, the application sought to commence on sales at 10am which was outwith the Board’s recently adopted policy hours. 
Ms J Nicholson, Solicitor for the Applicant, spoke in support of the application and indicated that her clients would be willing to amend the application so that on sales commenced at 11.00hrs to comply with the Board’s policy hours.

The Board AGREED to grant the amended application (on sales to commence at 11.00hrs), subject to the mandatory conditions and the local conditions detailed in paragraph 6.1 of the Report.

9.3  Ref: HC/CSER/1690 
Applicant: Andrea Reid and Carl Reid 
Premises: Delny House Hotel, Delny, Invergordon
Type: On and Off Sales
There had been circulated Report No HLB-009-14 (16kb 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, late opening conditions and specific condition detailed in paragraph 6 of the Report.

9.4 Ref: HC/RSL/1687
Applicant: Café Sia Ltd   
Premises: Café Sia, Ford Road, Broadford, Isle of Skye
Type: On and Off Sales
There had been circulated Report No HLB-010-14 (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 local conditions detailed in paragraph 6.2 of the Report.

9.5 Ref: HC/CSER/1689
Applicant: Catriona Corbett
Premises: The Pier Café, Lochside, Lairg
Type: On and Off Sales
There had been circulated Report No HLB-011-14 (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 the local conditions and late opening conditions detailed in paragraph 6 of the Report.

10. Licensing (Scotland) Act 2005  
Applications for Provisional Premises Licences 
Achd Ceadachd (Alba) 2005
Iarrtasan airson Ceadachdan Thogalaichean le Cumha
10.1 Ref: HC/CSER/1684
Applicant: The Partnership of Ardgay Stores and Highland Cafe
Premises: Ardgay Stores and Highland Café, Main Street, Ardgay, 
Type: On and Off Sales

There had been circulated Report No HLB-012-14 (39kb pdf) by the Clerk inviting the Board to determine the application.

The Board AGREED to grant the application as amended (capacity reduced from 25 to 20 persons) subject to the mandatory conditions.

10.2 Ref: HC/INBS/561 
Applicant: Reay MacKay, Westwood, Fort Augustus  
Premises: Stravaigers Lodge and Cumberlands Campsite, Glendoe Road, Fort Augustus PH32 4BG 
Type: On and Off Sales
There had been circulated Report No HLB-013-14 (13kb 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/177 

Applicant: Tomatin Distillery Co. Ltd, Tomatin, Inverness 
Premises: Tomatin Distillery Visitor Centre, Tomatin, Inverness 
Type: On and Off Sales 

There had been circulated Report No HLB-014-14 (15kb pdf) by the Clerk inviting the Board to determine the application.
The Clerk explained that the application sought to commence on sales at 10am which was outwith the Board’s policy hours. He advised that similar operations had been granted on sales from 9am in the past, but that this had been prior to the recent adoption of the Board’s new Policy Statement.
During the course of the discussion the Licensing Standards Officer contacted the applicant by telephone in regard to that part of the application relating to on sales. Thereafter, he reported that the applicant had confirmed he was content for the application to be amended so that on sales would commence at 11.00am to comply with policy hours.

The Board AGREED to grant the amended application (on sales to commence at 11.00am) subject to the mandatory conditions.

11.2 Ref: HC/INBS/281 
Applicant: Northern Roots Events Limited, Bogbain Farm, Bogbain of Inshes, Inverness IV2 5BD, per Lorna Murray, 45 Culduthel Road, Inverness IV2 4HQ 
Premises: Bogbain Farm, Inshes, Inverness IV2 5BD
Type: On Sales
There had been circulated Report No HLB-015-14 (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 the local conditions and late opening conditions detailed in paragraph 7 of the Report.

11.3  Ref: HC/INBS/87 
Applicant: Mrs Brenda Ann Ellis, Foyers House, Foyers Loch Ness, IV2 6XU 
Premises: Foyers House, Foyers, Loch Ness IV2 6XU
Type: On Sales.
There had been circulated Report No HLB-016-14 (20kb pdf) by the Clerk inviting the Board to determine the application.

On hearing from Mrs L Murray, Solicitor for the Applicant, the Board AGREED to grant the application subject to the mandatory conditions and the local conditions and late opening conditions detailed in paragraph 7 of the Report.

11.4 Ref: HC/INBS/484 
Applicant:  Inverness Caledonian Thistle Football Club Social Club, per Anderson Shaw and Gilbert, 20 Church Street, Inverness 
Premises: Inverness Caledonian Thistle Football Social Club, 28 Greig Street, Inverness 
Type: On Sales
There had been circulated Report No HLB-017-14 (15kb pdf) by the Clerk inviting the Board to determine the application.
The Clerk confirmed that the relevant site notice had now been received from the applicant, and that no objections had been received in response to the application.

The Board AGREED to grant the application subject to the mandatory conditions and the local conditions detailed in paragraph 7 of the Report.

11.5 Ref: HC/INBS/48 
Applicant: Mr Chas de Vita, 7 Burnbrae, Westhill, Inverness 
Premises: Little Italy Italian Tapas and Prosecco Bar, 4A-6 Stephens Brae, Inverness 
Type: On and Off Sales 
There had been circulated Report No HLB-018-14 (16kb 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 in paragraph 7 of the Report.

11.6 Ref: HC/INBS/385 
Applicant: John Henderson Shepherd, Khawari, Glackmore, Tore 
Premises: Old Market Inn, 32 Church Street, Inverness 
Type: On and Off Sales
There had been circulated Report No HLB-019-14 (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 the local conditions and specific conditions detailed in paragraph 7 of the Report.

11.7 Ref: HC/RSL/0655
Applicant: C J Lang and Son Limited
Premises: Spar Store, The Harbour, Arisaig
Type: Off-Sales
There had been circulated Report No HLB-020-14 (17kb pdf) by the Clerk inviting the Board to determine the application.

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

11.8  Ref: HC/RSL/1461
Applicant: Fort William Football Club 
Premises:  Fort William FC Clubhouse, Claggan, Fort William 
Type: On Sales
There had been circulated Report No HLB-021-14 (18kb pdf) by the Clerk inviting the Board to determine the application.

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

11.9 Ref: HC/CSER/1020
Applicant: J D Wetherspoon (Scot) Limited per Brunton Miller, 22 Herbert Street, Glasgow
Premises: The Alexander Bain, Market Place, Wick
Type: On and Off Sales
There had been circulated Report No HLB-022-14 (16kb 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 and late opening conditions detailed in paragraph 7 of the Report.

11.10 Ref: HC/CSER/1594
Applicant: Alexander Harper per Lorna Murray, 45 Culduthel Road, Inverness
Premises: Harpers, 17-19 Back Bridge Street, Wick
Type: On and Off Sales
There had been circulated Report No HLB-023-14 (15kb pdf) by the Clerk inviting the Board to determine the application.
The Clerk reported that the applicant had withdrawn that part of the application which related to the provision of gaming as an activity or service outwith core hours.

The Board AGREED to grant the amended application (the withdrawal of gaming as an activity or service to be provided outwith core hours) subject to the mandatory conditions and the local conditions and late opening conditions  detailed in paragraph 7 of the Report.

11.11 Ref: HC/CSER/0295 
Applicant: John O’Groats Leisure Ltd
Premises: Seaview Hotel, John O’Groats
Type: On and Off Sales
There had been circulated Report No HLB-024-14 (16kb 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 and late opening conditions detailed in paragraph 7 of the Report.

11.12 Ref: HC/CSER/1443
Applicant: Wick and District Seaforth Highlander Club
Premises: Wick and District Seaforth Highlander Club, 60 Dempster Street, Wick
Type: On and Off Sales
There had been circulated Report No HLB-025-14 (16kb 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 and late opening conditions detailed in paragraph 7 of the Report.

11.13 Ref: HC/RSL/1260
Applicant: Sonas Hospitality Ltd
Premises: Duisdale House Hotel, Duisdale, Sleat, Isle of Skye
Type: On Sales
There had been circulated Report No HLB-026-14 (18kb pdf) by the Clerk inviting the Board to determine the application.

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

11.14 Ref: HC/RSL/0819
Applicant: Sonas Hospitality Ltd
Premises: Toravaig House Hotel, Knock Bay, Sleat, Isle of Skye
Type: On Sales
There had been circulated Report No HLB-027-14 (18kb pdf) by the Clerk inviting the Board to determine the application.

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

11.15 Ref: HC/RSL/1302
Applicant: Spencer Smith and Angus Cooper
Premises: The Old Inn, Carbost, Isle of Skye
Type: On Sales and Off Sales
There had been circulated Report No HLB-028-14 (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 local conditions, late opening conditions and special condition detailed in paragraph 7 of the Report.

11.16  Ref: HC/RSL/0888
Applicant: John MacKenzie
Premises: The Old School Restaurant, Dunvegan, Isle of Skye
Type: On Sales 
There had been circulated Report No HLB-029-14 (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 local conditions detailed in paragraph 7 of the Report.

12.      Review Proposal – Non Payment of Annual Licence Fee

Moladh Ath-sgrùdaidh – Neo-phàigheadh Ceadachd Bhliadhnail

12.1  Premises: Altnacealgach Inn, by Lairg
Licence Holder: Robert W Sherman and Fiona L Sherman
There had been circulated Report No HLB-030-14 (15kb pdf) by the Clerk relating to the non-payment of annual premises licence fee in respect of Altnacealgach Inn, by Lairg, for the period 1 October 2013 to 30 September 2013.
The Licensing Standards Officer reported that arrangements had been made with the Premises Licence Holders to pay the fee by instalments. However following receipt of the first instalment, no further payments had been received. He also advised that he had been unable to contact the Premises Licence Holders but that as far as he was aware the premises continued to trade.
The Board AGREED to make a Review Proposal with a Review Hearing to be held on 5 March 2014.

13. Licensing (Scotland) Act 2005 Section 38 -  

Application for Review Hearing of Premises Licence                         
Achd Cheadachd (Alba) 2005, Earrann 38 - 

Iarrtasan airson Èisteachd Ath-bhreithneachail air Ceadachd Togalaich

13.1 Premises: The Waterfront Nightclub and Restaurant, 4 The Shore, Wick
Licence Holder: Robert J Sutherland
The Board was invited to defer consideration of the review in respect of The Waterfront Nightclub and Restaurant until a future meeting.  Members previously deferred consideration at the meeting on 5 November.
The Clerk reported that a court case remained pending in respect of the Premises and therefore the Board was being invited to defer this item until the next meeting.

The Board AGREED to defer the Review Hearing to the next meeting of the Board.

14.   Revocation of Provisional Premises Licence Section 45.01 (3)

Cùl-ghairm Ceadachd Sealach Togalaich Earrainn 45.01 (3)

14.1 Premises: Inverness Tourist Hostel, 24 Rose Street, Inverness 
Licence Holder:  Patricia Bannan, 96 Cowgate, Edinburgh.
The Clerk reported that the above item had been withdrawn from the agenda meantime to allow further investigation into the issues surrounding the renewal of a provisional premises licence. Depending on the outcome of his investigations the Premises Licence would either be automatically revoked or brought back to the Board for consideration. 

The Board NOTED that the above item had been withdrawn from the agenda.

15.   The Gambling Act 2005

Achd na Cearrachd 2005

15.1 Application for a Gaming Machine Permit for 3 Category 3 Machines
Premises: The Mallard, Station Square, Dingwall
Applicant: Greene King Retailing Ltd., c/o Bellhaven Pubs, Atrium House, 6 Back Walk, Stirling

There had been

circulated Report No. HLB-031-14 (8kb pdf) by the Clerk inviting the Board to determine the application.

The Board AGREED to grant the application.
The meeting ended at 3.00pm.

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