Committees
HIGHLAND LICENSING FORUM
Minute of the meeting of The Highland Licensing Forum held in The Council Chamber, The Town House, Inverness on Tuesday 7 June 2011 at 11 am.
Present:
Mrs Pat Hayden (Resident Member) – Convener, in the Chair
Mr Ramsay McGhee (Trade and Licence Member)
Joanne Sutherland (Trade and Licence Member)
Graham Cross (Trade and Licence Member)
Gordon Clelland (Trade and Licence Member)
Sharon Williamson, (Trade and Licence Member)
Mrs Janet Home (Resident Member)
Inspector Tom Ogilvie (Representative of Northern Constabulary)
Graham Robertson, HIFRS (Fire Service member)
Fiona Palin (Social Work representative)
Elizabeth Treasurer, Licensing Standards Officer
In attendance:
Fiona Sinclair, Legal Adviser to the Forum and Clerk
Mike Jones, Senior Youth Development Officer, Highland Council
1. Convener’s Welcome
The Convener welcomed those present and extended a special welcome to new members, Graham Cross and Gordon Clelland to their first meeting.
2. Apologies for Absence
Apologies for absence were intimated on behalf of –
Dr Margaret Somerville (Health Representative)
Paul Cariss (Resident Member)
Gemma MacIntosh – Youth Convener
David Inglis and Ian Cox – Licensing Standards Officers
3. Minute of Meeting held on 4 April 2011
The minutes of the meeting held on 4 April 2011, copies of which had already been circulated were approved on the motion of Ramsay McGhee seconded by Inspector Ogilvie.
4. Convener’s Report on Attendance at Board Meetings
It was noted that there had been no Board meetings on which to report since the last meeting of the Forum.
5. Update from Mike Jones on Young Scot Cards
The Convener welcomed Mr Jones to the meeting. Mr Jones summarised his previous report. He advised that a few confiscated cards had been passed into his office in the last few months. He said that Young Scot had taken into consideration many concerns expressed to them and that forthcoming changes to Young Scot cards will make cards issued from next year onwards more difficult to alter. Also, around the same time or slightly later, 18 Plus cards will be accessible through the Council’s Service Point network. He advised that he would advise the Forum’s clerk of progress in relation to timescales. Mr Jones pointed out that the licensed trade can refuse to admit persons presenting damaged cards or cards with out of date photographs. He said that the responsibility is with the licensed trade who must be vigilant and refuse entry if there is any doubt as to the validity of a card. He said that cards are produced nationally for all 32 local authorities so there are some things over which this Council has no control.
Inspector Ogilvie referred to the Forum’s request at its last meeting that the Police be invited to obtain confiscated cards from Licence holders in order that these could be shown to Mr Jones to demonstrate the problems which are being experienced. He advised the Form that no cards had been received by him yet. It was agreed that the message appeared to be getting across to young people that to attempt to fraudulently alter a Young Scot card is not harmless antics but will have serious consequences.
It was noted that children get the Young Scot introductory pack and local leaflets along with a book at school. It was felt that a leaflet prepared jointly with the Police sending home the message about altering cards would be effective.
The Convener thanked Mr Jones for his attendance at the meeting. The Forum members welcomed the fact that new cards will be introduced within the next year which will improve the system.
6. Licensing Standards Officer Report – Elizabeth Treasurer
There had been circulated a report prepared by Elizabeth Treasurer, the Licensing Standards Officer providing an update in relation to the LSO activities and matters of interest since the Forum last met. The report explained that the common issues during premises visits and inspections continued to be failures in some premises to display signage and failures to carry out staff training. It was noted that a meeting of the Board members was taking place at the same time as the Forum meeting to discuss a policy in relation to Extended Hours applications for special events and occasional licences. It was also reported that the South Skye and Lochalsh Pubwatch Scheme are to hear presentations on drug awareness and legislation updates and that it is hoped to extend these sessions to other Pubwatch Schemes. The Forum members noted the terms of the report.
During discussion, it was noted that David Inglis has drafted an Age Verification Policy and Liz undertook to send a copy to the Clerk for circulation to Forum members.
In relation to the Frequently Asked Questions Section which is to go on the Board’s website, a copy of the current draft questions and answers had been circulated in advance of the meeting. The Forum welcomed the draft and noted that there would be some further changes before it went on to the website.
7. Items for Discussion – Joint Meeting with Licensing Board
It was noted that the joint meeting of the Licensing Board and the Licensing Forum is to be held on 28th June in the Council Offices, High Street, Dingwall at 11 am. The Forum members suggested the following items for the Agenda:
Curfews. The view of the Forum in relation to curfews was mixed but following concerns raised by some members it was agreed that the Board be invited to discuss the issue with the Forum at the joint meeting. The Forum agreed to make no recommendation to the Board in relation to this matter. Inspector Ogilvie stated that although Northern Constabulary is opposed to lifting of the curfew he would be content to restate the Police position in this connection. It was noted that Pubwatch was also opposed to lifting the curfew. R McGhee reported that he had on behalf of the SLTA written to Donald asking the Board to reconsider the issue of curfews and was advised to try to raise the matter through the Forum. Some concerns of the Forum were that only five members of the Board were present when the matter was discussed and it was felt that if more members had been present a different conclusion may have been reached.
Inclusion of Young Scot Card in the Age Verification Policy. It was reported at the meeting that the Licensing board will shortly be considering an Age Verification Policy drafted by David Inglis. The Forum members have not yet seen this draft policy. It was agreed that the Board be invited to consider including the Young Scot card in its policy.
Policy of Board where licence holders are found to be in breach of employment legislation, eg by employing foreign staff illegally. It was noted that in a recent Inverness case a licence holder had been fined £5,000 in the Sheriff Court and that when the Board subsequently discussed the offence the Board agreed to send a warning letter to the licensee. Some of the Forum members expressed surprise that when the matter was serious enough to receive such a high fine the Board had apparently not taken a higher level of action against the licence holder.
Vacant LSO position. Will the vacant LSO position be filled, and if not, will the reduction in the Board’s salary costs be reflected in licence application fees?
Public information after Board meetings / Board policy on late night extensions during major sporting events. Concern was expressed that at a recent board meeting it had been decided that extended hours to 2 am could be granted during the Scottish Open but the public and licensees were not aware of this. It was suggested that a press release might be issued after board meetings so that licensees become aware of the availability of such extensions. Questions were also raised as to whether the Board has a policy for late night extensions during major sporting events in order that similar late night extensions can be granted for all such events.
8. Any Other Business
Lochaber Local Health Partnership - Representatives of Lochaber Local Health Partnership had approached the Clerk to the Forum to ask if they could attend a meeting of the Forum. They have concerns regarding sales of alcohol within general grocery stores without a separate entrance for alcohol or separate space for sales to take place. They wish to obtain support to lobby for changes in legislation.
Mr McGhee reported that the concerns raised by the LLHP were similar to concerns expressed on the Level the Playing Field website www.leveltheplayingfield.co.uk. He said that the “Level The Playing Field” Campaign is designed to raise awareness among Scottish MSPs of perceived inequalities in the implementation of licensing legislation in Scotland which are having a detrimental effect on Scotland’s hospitality sector, and to press for action to be taken to ensure that onsales and offsales premises are treated in the same way. It was agreed to invite the representatives of LLHP to a future meeting and that the Clerk would advise them of the Level the Playing Field website in the interim.
Social Responsibility Levy – Mr McGhee raised concern that offsales premises may be excluded from the Social Responsibility Levy. Mrs Sinclair agreed to find out the Highland Council’s position in this connection and report back to Forum members.
9. Date of next meeting
The joint meeting with the Licensing Board is being held on 28th June. It was agreed that a meeting would be arranged during the month of September and that representatives of Lochaber Local Health Partnership be invited to attend. It was suggested that the meetings should travel around the Highlands rather than always take place in Inverness.
The Meeting closed at 12.45 pm.