Minute of the meeting of The Highland Licensing Board, Inverness, Nairn and Badenoch and Strathspey Division held in the Council Chamber, Glenurquhart Road, Inverness on Tuesday 15 December 2009 at 10.00am (following the Licensing Committee).
Present:
Mr P Corbett (Chair)
Ms H. Carmichael
Mr L Fraser
Mr J Ford
Ms P Munro
In attendance:
Donald Somerville, Clerk to the Board
Ian Cox, Licensing Standards Officer
David Haas, Inverness City Manager
Inspector J Neil, Northern Constabulary
Wendy Grosvenor, Licensing Assistant
There were no Declarations of Interest made by Members.
1. Apologies for Absence
Mr G Rimell, Mr R Pedersen, Mr. N. Donald
2. Confirmation of Minutes
There were submitted for confirmation as a correct record the Minutes of Meeting of the Board held on 3 November 2009.
Members APPROVED the Minute of 3 November 2009.
3. Dates for 2010
Members were invited to approve the following Licensing Board Meeting dates for 2010:
- Tuesday 26 January
- Tuesday 9 March
- Tuesday 27 April
- Tuesday 15 June
- Tuesday 10 August
- Tuesday 21 September
- Tuesday 2 November
- Tuesday 14 December
Members APPROVED the Licensing Board dates for 2010.
The Licensing (Scotland) Act 2005
4. Over- Provision Statement
Report INBS 68/09 by the Clerk dated 30 November 2009
Members NOTED the report and delegated action to the Clerk to include as consultees: Highland Ward Managers, the Director of Public Health, and Local Members.
5. Transitional Arrangements and Identify Future Issues
Report INBS 64/09 by the Clerk dated 5th November 2009.
Members NOTED the content of the report.
6. Application for Personal Licence
6.1 Roslyn McIntosh- Police Report dated 14 October 2009
6.2 Jonathan Freshwater – Police Report dated 20 October 2009
Members agreed to GRANT both applications for: 6.1 Roslyn McIntosh and 6.2 Jonathan Freshwater.
7. Licensing Applications
Premises Licence (s) – Provisional (Conversion)
No. 1
Premises: Inverness Tourist Hostel, 24 Rose Street, Inverness, IV1 1NU
Applicant: Patricia Bannan, c/o Lorna Murray, Solicitor, 45 Culduthel Road, Inverness, IV2 4HQ
Date Received: 3 October 2008
GRANTED
Premises Licence (s) – Provisional
No 2
Premises: Strathspey Hotel, 70 High Street, Grantown on Spey, PH26 3EL
Applicant: RTD Thistle Limited, c/o Lorna Murray, Solicitor, 45 Culduthel Road, Inverness, IV2 4HQ
Date Received: 21 September 2009
GRANTED Conditions contained in Report INBS 70/09 apply.
Premises Licence(s) - New
No 3
Premises: Aurora Hotel, 2 Academy Street, Nairn, IV12 4RJ
Applicant: Mariangela Sulejmani
Date Received: 21 September 2009
GRANTED Conditions contained in Report INBS 72/09 apply.
No. 4
Premises: Bunchrew Caravan Park Shop, Bunchrew, Inverness-shire, IV3 8TD
Applicant: Bunchrew Caravan Park Limited
Date Received: 15 June 2009
GRANTED No local conditions apply
No. 5
Premises: Craigdarroch House, Foyers, South Loch Ness, IV2 6XU
Applicant: Martin John Donnelly
Date Received: 18 September 2009
GRANTED Local conditions for children in premises apply
No 6
Premises: The Inn (Dalwhinnie), Perth Road, Dalwhinnie, PH19 1AG
Applicant: Hugh Calum Richardson-Dobie
Date Received: 24 September 2009
GRANTED Conditions contained in Report INBS 71/09 apply, with removal of outdoor drinking condition agreed.
Applications for Variation to Premises Licence
No. 7
Premises: Aldi, 16 Telford Street, Inverness, IV3 5JZ
Applicant: Aldi Stores Limited, c/o John Batters & Co, 17 Marine Crescent, Kinning Park, Glasgow, G51 1HD
Date Received: 24 September 2009
Comments: Variation to off sales hours on Sundays to commence at 10.00am
GRANTED
No 8
Premises: Bar One (formerly Moray Bar), 1 Academy Street, Inverness, IV1 1JN Applicant: Caledonian Leisure Group Ltd, c/o Lorna Murray, Solicitor, 45 Culduthel Road, Inverness, IV2 4HQ
Date Received: 21 September 2009
Comments: Variation to on sales to commence at 11.00 am on Mondays, Tuesdays and Wednesdays and terminate at 1.00am and on and off sales on Sundays to commence at 12.00noon. Off sales will also commence at 11.00am on Mondays, Tuesdays and Wednesdays.
Variation to the Children's policy to allow children and young persons access to the premises at the discretion of the management when accompanied by an adult for non alcoholic refreshments.
Also change to layout:
1. Removal of the front entrance vestibule so that entrance door opens
directly into premises.
2. Strip out and re-configure fixed seating throughout. New seating
arrangement as per plan.
3. Reduce length of bar slightly to allow for installation of disabled toilet at end
of bar adjacent to existing toilets.
4. Reconfigure male and female toilets
REPORT INBS 55/09 referred
GRANTED subject to confirmation from Planning that no increase to capacity.
No. 9
Premises: BP Longman Filling Station, 22-24 Longman Road, Inverness, IV1 1VY
Applicant: BP Oil UK Limited, c/o Harper MacLeod Solicitors, 45 Gordon Street, Glasgow, G1 3PE
Date Received: 7 October 2009
Comments: Variation to off sales on Sundays to commence at 10.00am. Variation to show changed position of alcohol display on shop floor resulting in difference in capacity. 2.88 cubic metres (previously 4.3 cubic metres)
GRANTED
No. 10
Premises: Chalky's, 65 Haugh Road, Inverness, IV2 4SD
Applicant: Shane Scragg, c/o Anderson, Shaw & Gilbert, York House, 20 Church Street, Inverness IV1 1AD
Date Received: 10 September 2009
Comments: Variation to on sales hours on Sundays to commence at 10.00am.
GRANTED
No. 11
Premises: Dalneigh Stores, 36 St Margarets Road, Inverness, IV3 5HQ
Applicant: Anthony Crowdy
Date Received: 21 September 2009
Comments: Variation to off sales hours on Sundays to commence at 10.00am.
GRANTED
No 12
Premises: Fairways, Castle Heather, Inverness, IV2 6AA
Applicant: Fairways Leisure Group Ltd, c/o Lorna Murray, Solicitor, 45 Culduthel Road, Inverness, IV2 4HQ
Date Received: 6 October 2009
Comments: REPORT INBS 60/09 referred, Variation to on sales hours on Sunday to commence at 11.00am.
NOTED WITHDRAWN
Children's Policy to be varied to allow children to be in the Sports Bar when accompanied by an adult until 9.00pm.
GRANTED variation to children’s policy only.
No. 13
Premises: Glen Rowan Restaurant, North Road, Invermoriston, IV63 7YA
Applicant: Partnership of Alan Matthews & Rachael Cullis, c/o Harper Macleod, The Ca'd'oro, 45 Gordon Street, Glasgow G1 3PE
Date Received: 15 September 2009
Comments: Seasonal variation and access to children. Also variation to on and off sales hours on Sundays to commence at 12.00noon.
GRANTED
No 14
Premises: Heathmount Hotel and Restaurant, Kingsmills Road, Inverness, IV2 3JU
Applicant: Gillian Fiona Newton, c/o Harper Macleod, The Ca'd'oro, 45 Gordon Street, Glasgow G1 3PE
Date Received: 30 October 2009
Comments: REPORT INBS 56/09 referred Variation to on sales hours on Friday and Saturday nights to terminate at 2.00am.
Police observation dated 9 October 2009. Appendix III
CITED
After consideration, the Board REFUSED the application as it was against Board policy and on the grounds that it was contrary to two of the 2005 Licensing Objectives: S23 11 Prevention of C rime and Disorder and S23.21 Securing Public Safety and Prevention of Public Nuisance.
The applicant’s representative, Mr. Thomson, sought a Direction and a statement of reasons from the Board.
The Board AGREED the Direction and DELEGATED the production of a statement of reasons to the Clerk.
No 15
Premises: Hush (formerly Rags) Nightclub, 55 Academy Street, Inverness, IV1 1LU
Applicant: M & G Scotland Ltd, c/o Lorna Murray, Solicitor, 45 Culduthel Road, Inverness, IV2 4HQ
Date Received: 25 September 2009
Comments: REPORT INBS 58/09 referred Variation to core times when alcohol will be sold for consumption on the premises each Thurs, Fri, Sat, Sun from between 17.00hrs to 3.00 hrs:
GRANTED from 19.00.
Variation to Children’s Policy and Layout Plan to include additional Cocktail Bar & fixed seating.
GRANTED
Police notice of convictions 28/10/09
BC report re. capacity
20/11/09 Representation from Ramcore Operations Ltd
An additional report number INBS 74/09 by the LSO was circulated to the Board.
Solicitor Lorna Murray, representing the applicant, Mr. Glendinning (who was present at the meeting) spoke to the application. She confirmed that the Police Notice (Appendix IV) was a notice of conviction that the Police were under obligation to produce and had, in any event, been dealt with at an earlier transfer of licence. She confirmed that the representation at Appendix VI was an historic issue which had been satisfactorily dealt with, for all parties concerned. Appendix V from Building Control had also been dealt with and the outcome reported to the LSO.
The LSO confirmed that, having visited the premises twice, he was of the view that the premises, as now refurbished and operated under a new management structure, fulfilled all the requirements of the 2005 Licensing Act.
It was clarified to Members that children would only be admitted to events under an Occasional Licence and then up to 01.00am only, for any particular event.
It was further clarified that the premises would offer live entertainment and music.
After consideration the Board agreed to GRANT the application for variation to Children’s policy, with children only be admitted to events under an Occasional Licence and then up to 01.00am only, for any particular event. The Board GRANTED the variation to layout. The Board GRANTED the Variation to core times when alcohol will be sold for consumption on the premises each Thurs, Fri, Sat, Sun from between 19.00hrs to 3.00 hrs, as revised by the Board.
No. 16
Premises: Inverness Mini Mart, 118 Benula Road, Inverness, IV3 8EL
Applicant: Edward Davidson, c/o R & R Urquhart, 20 High Street, Nairn, IV12 4AX
Date Received: 7 September 2009
Comments: Variation to on sales hours on Sundays to commence at 10.00am.
GRANTED
No. 17
Premises: Laidlaws, 95 Bruce Gardens, Inverness, IV3 5HF
Applicant: Laidlaws Newsagent Ltd
Date Received: 2 September 2009
Comments: Variation to off sales hours on Sundays to commence at 10.00am.
GRANTED
No. 18
Premises: McColls, 40 Culcabock Road, Inverness, IV2 3XQ
Applicant: Martin McColl Ltd
Date Received: 29 September 2009
Comments: Variation to off sales hours on Sunday to commence at 10.00am.
DEFERRED pending site notice
No. 19
Premises: McColls, 12 High Street, Ardersier, Inverness, IV2 7QB
Applicant: Martin McColl Limited
Date Received: 29 September 2009
Comments: Variation to off sales hours on Sundays to commence at 10.00am.
DEFERRED pending site notice
No 20
Premises: Ossian Hotel, The Brae, Kincraig, PH21 1QD
Applicant: Anthony Brown
Date Received: 23 October 2009
Comments: REPORT INBS 59/09 REFERS Relocation of bar, within existing bar area.
Variation to operating hours: to 23.30hrs Mon-Wed; 24.00 Thurs; 01.00 Fri, Sat; 23.0 Sun.
Objection received dated 23/11/09
CITED
An additional Report No. INBS 75/09 by the LSO was circulated to the Board.
Mr A Brown was present and spoke to support his application. He confirmed that the objector’s property was a holiday home and the objector did not live in the premises concerned.
The LSO spoke to his two reports.
After consideration the Board agreed to GRANT the application, as sought.
No 21
Premises: Royal British Legion Strathspey Club, 31 The Square, Grantown on Spey, PH26 3HF The Royal British Legion Strathpey Club
Date Received: 5 October 2009
Comments: REPORT INBS 54/09, Variation to on sales hours on Saturdays to terminate at 2.00am.
Outwith Policy Hours on Saturday.
Police Observation
CITED
DEFERRED
The Board NOTED that the applicant, although Cited to appear, was absent. Display of site notice had not been confirmed and the Board agreed to DEFER consideration of the application to the next meeting of the Board on 26 January 2010.
No 22
Premises: Scotmid, The Square, Beauly, Inverness-shire, IV4 8BX
Applicant: Scottish Midland Co-operative Society Limited, c/o Anderson Strathern, 1 Rutland Court, Edinburgh, EH3 8EY
Date Received: 17 September 2009
Comments: REPORT INBS 62/09 referred Variation to capacity following refit of shop. 20.91 cubic metres (previously 16.35)
GRANTED
Application and plans available
No. 23
Premises: Spar Kinmylies, 2 Charleston Court, Kinmylies, Inverness, IV3 8YB
Applicant: A A Macdonald Ltd
Date Received: 17 September 2009
Comments: Variation to off sales hours on Sundays to commence at 10.00am and increase of capacity of Alcohol Display Area. 8.5 cubic metres (previously 7.6)
GRANTED
No 24
Premises: Spar, 45 Thornbush Road, Inverness, IV3 8AB
Applicant: C J Lang & Son Limited, c/o Shield & Kyd, 5 Bank Street, Dundee, DD1 1RL
Date received: 20 October 2009
Comments: REPORT INBS 61/09 referred Variation to off sales hours on Sunday to commence at 10.ooam.
GRANTED
No. 25
Premises: Taj Mahal, 47 High Street, Grantown on Spey, PH26 3EG
Applicant: Hasna Khanom, c/o Lorna Murray, Solicitor, 45 Culduthel Road, Inverness, IV2 4HQ
Date Received: 23 June 2009
Comments: Variation to on sales hours on Sundays to commence at 12.00noon.
DEFERRED to 26 January 2010
No. 26
Premises: The Whisky Shop, Loch Ness Exhibition, Drumnadrochit, Inverness-shire, IV63 6TU Loch Ness Monster Exhibition Centre Ltd
Applicant: c/o MacArthur & Co, 7 Ardross Street, Inverness, IV3 8PL
Date Received: 21 September 2009
Comments: Premises to open from 10.00 am on Sundays.
GRANTED
No 27
Premises: Tomatin Country Inn, Main Street, Tomatin, IV13 7YP
Applicant: Tomatin Country Inn Ltd
Date Received: 5 October 2009
Comments: REPORT INBS 63/09 referred Variation to on and off sales hours on Sundays to commence at 12.00noon.
GRANTED
Children's Policy to be amended to allow children to remain in the public bar at all times, provided they are accompanied by an adult.
GRANTED with AMENDMENT to 10pm
8. ‘Operation Respect’- Community Safety Operation Inverness City Briefing paper by Chief Inspector J Neil, Northern Constabulary
Inverness City Manager, David Haas, gave the Board a brief presentation on Inverness Partnership activities which were being undertaken to make Inverness a more amenable place. The cross-agency project was to continue for the Winter Festival period. This project included agencies such as: Northern Constabulary, Inv. Bid; Taxi Marshalls; Nightrider Bus service out of the city, Bid Security, with task teams through the day’; Ambulance Service and Crimestoppers. He confirmed its potential for wider use and the essential link with STLA and liquor licence agencies. He requested that the Board endorse the project, noting that its activities were continually being evaluated and a report would be submitted to the Inverness City Committee.
Pauline Munro welcomed the project and suggested that the evaluation could productively be shared across Corporate Areas of the Highland.
The Board agreed to endorse the project.
Additional Report:
Alc. Etc. (Scotland) Bill
An additional consultation report INBS 75-09 was circulated, by the Clerk dated 11 December 2009.
The Clerk spoke to the report. He apologised for bringing it to the Board at short notice. He confirmed the date for a response to the Scottish Government was 9 January 2010.
Helen Carmichael stated that she was disappointed at the lack of notice the Board had been given for consideration of the paper. She sought more time to consider its detail.
The Board agreed to DEFER consideration of the report to allow more time to study the detail and requested further information from the Clerk. The Clerk agreed to circulate, electronically, the original report to which the paper related, to Members at the earliest opportunity.
The meeting concluded at 12.30pm.