Minutes of Meeting of the Highland Licensing Board Liquor Licensing Forum held in Council Chamber, the Town House, Inverness on Tuesday 29th January 2008 at 2.00pm.
Pat Hayden (Chair) (Resident Member)
Insp. Bob Pollock, (Northern Constabulary)
Phillip Rhodes (ICSA)
Catriona Macdonald, Depute Clerk of Court and Solicitor
Wendy Grosvenor, Licensing Assistant
Mags Duncan- Stirling (ECS)
Trevor Johnson (HIFRS)
Ian Mackenzie (IHLTA)
Suzy Calder (HDAAT)
Allan Kerr, Solicitor
Eddie Tobin (BEDA), Patricia Jordan (Resident), David Alston, (HDAAT)
2. Minutes of Meeting Held 8th October 2007
There were circulated for approval Minutes of Meeting of the Licensing Forum held on 8th October 2007.
Matters Arising from Minute:
Item 2 Procedural Issues.
Pat Hayden put forward a resident member for Caithness – Mr Paul Cariss. Phillip Rhodes agreed to seek representation in respect of one further member, outwith the Inverness area.
Members NOTED intimation of resignation by Patricia Jordan.
Members AGREED to ADOPT the Minute and to encourage a wider range of representation on the Forum.
3. Statement of Policy
After consideration of the policy the Forum sought more detailed clarification from the Licensing Board on the following items contained within the policy:
a) Item 9.1.2, para 1 – with reference to policy hours for late night opening
premises and occasional licences.
b) Item 9.1.2 para 2 –with reference to late night opening premises and the
use of plastic glasses- whether use of plastic glasses was restricted to night
clubs, and in respect of occasional licences, would there be a conditions in
relation to the use of plastic glasses?
c) Item 9 1.3. What consideration had the Board given to staggering closing
hours to ensure public order and minimum public nuisance. What provision
has been made for this, within Policy?
d) Item 11 – (b) The Forum requested clarification as to why, with only one
type of licence available, did the Policy in Para 11(b) specifically refer to
licensed premises of a ‘particular description’? Did the wording imply
categorisation and how would the Board interpret this? The Forum
accepted that there was insufficient evidence before the Board to
determine if there was over-provision in any locality until the transitional
period was completed.
e) Item 13 –Concerns were expressed that the Policy in relation to children
was not explicit enough and the Forum called upon the Board to explain
what standards it would be looking at to ensure child protection and
safety. What control measures would the Board expect to be included in
an operating plan and would there be a requirement to carry out a risk
assessment for children’s areas and Training and Disclosure (Scotland)
checks for staff. The Forum further sought clarification as to whether
guidance notes were to be developed for the guidance of licensees and
Bob Pollock asked how many, and when, the new LSO’s would be employed. Catriona Macdonald confirmed that these posts had been advertised and that as many as 4 posts may be available.
Bob Pollock requested that all other policies be made available to the Forum. It was AGREED that the Council would provide policies of the three Divisional Board Areas and also those making up the areas of Inverness, Nairn and Badenoch and Strathspey
Pat Hayden suggested that Item 21 Scheme of Delegation and papers circulated under AOCB (Liquor Licensing Fees, Scheme of Delegation, Gender Equality Scheme)should be considered by the Forum in more detail and deferred discussion of this item to its next meeting. The Forum AGREED to DEFER discussion of these items to the next meeting of the Forum.
Pat Hayden noted that the policy did not contain any reference to adult entertainment. Suzy Calder expressed her concerns about the impact of adult entertainment and violence against women and felt that the policy should contain some guidance in respect of adult entertainment. The Forum AGREED to discuss this item at the next meeting of the Forum.
Trevor Johnson stated that new legislation in his Service, (The Fire (Scotland) Act, would have considerable impact upon how his Service interacted with the Licensing Board. A Memo of Understanding had now been produced and he felt it was important for the Fire Service and the Licensing Board to liaise on this issue at the earliest opportunity.
4. Training for Forum Members
The Forum AGREED that the Council would keep it informed by email of the latest training opportunities and venues.
5. National Licensing Forum
Pay Hayden read out an email received from Eddie Tobin for circulation to the Forum. He stated ‘I believe there should be a national licensing forum although I believe the present government will not support such a forum because the forum could criticise some aspects of the 2005 act. That apart, I believe a national licensing forum should be established. I do not agree with Alcohol Focus Scotland that there should be a national Association of licensing Forums. I believe that would be worthless and toothless’.
The Forum AGREED that a response should be made to Alcohol Focus Scotland, as requested, stating that they supported the request to reconvene the National Licensing Forum, in principle, but that they would need further information on its future remit and funding.
6. Application to join Forum
An application had been submitted to join the Forum by David Bell from the Highland Health Board. Pat Hayden stated, as was the case with other Licensing Forums, that she would prefer to see representatives of relevant organisations on the Forum, rather than individuals and this was agreed.
Mags Duncan-Stirling stated that she would ascertain who should be representing from her service.
It was AGREED that Suzy Calder would clarify with Mr Bell who would be available to represent the Health Service for future meetings of the Forum. The Forum also AGREED that Paul Cariss (Caithness resident) should be invited to join the Forum
It was AGREED that the Council would contact Fiona Palin in respect of the appropriate representation for the Social Work Service.
Catriona Macdonald informed the Forum that Gillian Gunn had indicated that she would be willing to give a presentation to the Forum on Violence against Women.
The Forum AGREED that this should be arranged, at the beginning of their next meeting.
8. Date of Next Meeting:
The Forum AGREED to hold its next meeting at 2.00pm on Tuesday 22nd April 2008 at the Police Headquarters, Old Perth Road, Inverness.
The meeting concluded at 4.15pm.