Highland Licensing Board approves variation to HUSH drinks licence

The Highland Licensing Board has unanimously accepted that there are no reasons why they should refuse an application by HUSH Nightclub, 57 Academy Street, Inverness, to serve alcohol while adult entertainment is taking place within the premises.

HUSH Nightlife Ltd successfully applied for the variation to their premises licence to provide adult entertainment, such as lap dancing, after the Board accepted that there were no relevant grounds to refuse the application.

It was reported that the frequency of lap dancing nights would be determined by the operators.  A lap dancing night would run from 10 pm -  2.45 am and would be operated quite separately from a nightclub night.

Convener Councillor Maxine Smith stressed at the start of the meeting that it was important that Board members understood that in considering the premises licence variation application they were not being asked to “licence” adult entertainment.  They were being asked to licence the sale of alcohol at the premises during adult entertainment.

She noted that HUSH was a popular city centre nightclub in Inverness, which had a trouble-free operating history and a number of inspections had resulted in a high standard of compliance.  She also noted the police had not objected to the application.

However, she said she was disappointed that the Board did not have the power to use its policy statement on Equality and Diversities in considering the application.

The Violence Against Women Strategy Group had urged the Board to refuse the application.

She noted that the Board had responsibilities under the Public Sector Equality Duties to give due regard in its work to the need to eliminate unlawful discrimination, harassment and victimisation and to advance equality of opportunity and foster good relations among equalities groups.

However, neither the Equality Act 2010 nor the Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012 had the effect of widening or adding to the statutory grounds for refusal of premises licence applications (or variation applications) which are set out in the Licensing (Scotland) Act 2005.

She said: “Unfortunately, the Board found itself with its hands tied.  The presumption is in favour of an applicant and in this case there were no relevant grounds for refusal.  Therefore the Board has unanimously approved the variation of the licence. We have imposed mandatory conditions governing the operation of this establishment.  This will be added to the operating plan they have agreed with us today. Any breaches of these conditions will result in the operator being brought back before the Board.”