Committees

HIGHLAND LICENSING FORUM


Minute of the meeting of The Highland Licensing Forum held in Finance Conference Room, Highland Council Headquarters, Glenurquhart Road, Inverness on Monday 31 January 2011 at 2.00 pm.  
 

Present:


Mrs Pat Hayden (Resident Member) – Convener, in the Chair
Mr Ramsay McGhee (Trade and Licence Member)
Mr Paul Cariss (Resident Member)
Mrs Sharon Williamson (Trade and Licence member) - by video link from Portree, only present during items 6, 7, 8, 9, 10, 11 and 12


 
In attendance:


Fiona Sinclair, Legal Adviser to the Forum and Clerk
David Macpherson, Licensing Standards Officer
David Inglis, Licensing Standards Officer - by telephone link from Wick  
 
 


1. Convener’s Welcome


The Convener welcomed those present to the meeting and explained the reason that there had been no Forum meeting since 27th September 2010.  Mrs Hayden introduced Fiona Sinclair, who had taken over Allan Kerr’s role as Legal Adviser to the Forum.  Mrs Sinclair had also assumed the role of Clerk to the Forum.  Mrs Sinclair explained that she has extensive knowledge of licensing legislation having been Depute Clerk of the Licensing Board responsible for Caithness from 2000 and latterly for the Caithness, Sutherland and Easter Ross area until she took a break from employment in 2009. 
 

2. Apologies for Absence

          
Apologies for absence were intimated on behalf of -

 

Gemma MacIntosh – Highland Youth Convener
Mrs Janet Home – Resident Member
Inspector Tom Ogilvie, Northern Constabulary – Police member
Mr Graham Robertson, HIFRS – Fire Service member 
Ms Suzy Calder – Health service representative
Dr Margaret Somerville – Health service representative
Mags Duncan – Education Service representative
Fiona Palin – Social Work Service representative 
 

3. Minute of Meeting held on 27 September 2010
 

The minutes of the meeting held on 27th September 2010, copies of which had already been circulated were approved. 


4. Update on Young Scot Presentation


The Convener referred to the presentation at the meeting on 27th September by Mike Jones, the Council’s Senior Youth Development Officer on the issue of Young Scot Cards used by young people for the as identification and proof of age, to obtain discounts in stores and as travel cards.  Discussion had taken place following the presentation had focussing on problems which arise when people tamper attempt to alter details on the cards or produce fake cards.  A report on the subject prepared by Gemma MacIntosh, Youth Convener was circulated to members at the meeting.  Gemma’s report detailed changes to the system to ensure that cards are more difficult to alter and the PASS awareness campaign which should make retailers and the licensed trade more aware of the card system. 


Forum members commented on problems which continue to arise where one sibling produces another sibling’s card and referred to licensees’ obligations to be satisfied that the person presenting the card was its rightful holder.  The Forum agreed to thank Gemma for her report and agreed to invite Mike Jones to the next meeting of the Forum to provide a further report.     


5. Invoicing for Annual Fees


As an additional item arising from the minutes of the meeting of 27th September 2010, the Convener raised the issue of the Annual Fees and Payment Form sent to licensees.  At the meeting of 27th September this matter had been discussed under the LSO’s report and it had been reported that Allan Kerr, the Forum Legal Adviser at the time, had written to the Clerk to the Board requesting information on invoicing practice.  It was agreed that the Forum was now content with the Board’s invoicing procedures.


At this point, Mrs Sharon Williamson joined the meeting by video link from Portree.


6. Convener’s report on board meetings held since last meeting of Forum


Ramsay McGhee reported that due to the unavailability of the Convener he had been the only Forum representative at the Licensing Board meeting in Dingwall on 23rd November 2010.  He explained that he had made a submission to the Board in relation to the draft policy statement on behalf of both the Licensed Trade Association and the Highland Licensing Forum. 


Mr McGhee also reported on a meeting which had taken place on 21st December between the Convener and Vice Convener of the Highland Licensing Forum, and the Chairman and Clerk to the Highland Licensing Board where, he said, the Chairman of the Board had listened to various suggestions made by Mrs Hayden and himself. 


Mr McGhee also reported on the Board meeting held on 12th January 2011 where the Board had agreed its Highland wide policy statement.  Forum members were very satisfied that the Forum’s desire for the Highland area to have one licensing board, one licensing forum and one licensing policy statement had at last come to fruition. 
   

Mr McGhee reported that the Forum had less success with some of the other comments they had made on the draft policy, the Board having rejected requests to include more guidance for licensees in the policy statement, to issue copies of the policy statement to all personal licence holders, for the policy statement to include a fuller explanation of the licensing objectives and for the policy statement to be more easily readable. 


The Forum noted the position and agreed that David Macpherson should ask the Clerk to the Board to send a copy of the finalised licensing policy statement to the Forum’s Legal Adviser as soon as the finalised policy statement is available.   


7. Forum Membership – New Applications


It was noted that two applications to join the Forum had been received.  Mrs Sinclair was asked to circulate an up to date list of delegates to all Forum members. 


The first application to be considered was from Joanne Sutherland, a personal licence holder and licensed door steward from the Sutherland area.  The Forum considered the application and agreed to recommend to the Clerk that Ms Sutherland be invited to join the Highland Licensing Forum.


The second application to be considered by the Forum was from an individual from the Inverness area.  The Forum members noted that the Forum has no members from the area south of Inverness and agreed to defer consideration of the application from the Inverness applicant pending the outcome of an invitation to licensees in the Lochaber and Badenoch and Strathspey areas to be represented on the Forum.  David Macpherson agreed to take this forward with the Licensing Standards Officers for these areas.


8. Licensing Standards Officer’s Report


There had been circulated report by David Inglis, Licensing Standards Officer for the Caithness, Sutherland and Easter Ross Area reporting on recent work of the Highland LSOs and bringing other relevant matters to the attention of the Forum.  The Forum noted the terms of the report and in particular the following:


• David Macpherson, one of the LSOs for Ross, Skye and Lochaber is leaving the Council on 4th February to return to Australia.  The Forum wished Mr Macpherson well for the future. 


• The Highland Licensing Board had recently harmonised licensing hours and had also agreed a new list of pool conditions for premises licences


• Action taken by LSOs and the Police in relation to enforcement and compliance.  It was noted some test purchases carried out over the weekend just past had been failed by premises. 


• Pubwatch Schemes are on the increase in Highland and Police encourage premises to join the schemes.  It was noted that premises cannot be forced to join the schemes nor can membership of schemes be a condition of licences.  The best benefits are from premises joining the schemes voluntarily and some applicants may not be acceptable to particular Schemes. 


• Forthcoming legislative changes relating to a Challenge 25 policy, changes to advertising rules and changes to permitted special offers on alcohol were detailed. 


The Forum thanked Mr Inglis for his report. 


9. Correspondence


It was noted that Mrs Janet Home had received an email from a licensee regarding his licensed premises and that this had been passed to Ian Cox, Licensing Standards Officer for the area concerned.


A letter received regarding disability access statements was also passed to Mr Cox. 


10. Highland Licensing Forum Website


It was noted that Mrs Sinclair’s name is now on the Forum website as the contact person for the Forum.  Mrs Sinclair was asked to update and circulate the list of Forum members.


11. Appointment of Convener


It was noted that the Forum required to appoint a Convener annually.  Mr McGhee, seconded by Mrs Williamson proposed Pat Hayden.  There being no further nominations Mrs Hayden was duly appointed Convener for the year 2011.


12. Date of Next Meeting


It was agreed that the next meeting would take place in early April at a venue to be arranged. 


There being no further business the meeting closed at 4 pm.