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 26 January 2010 at 10.00am (following the Licensing Committee).
Present:
Mr. P Corbett (Chair)
Ms H. Carmichael
Mr L Fraser
Mr J Ford
Ms P Munro
Mr R Pedersen
Mr G Rimell
Mr N Donald
In Attendance:
Donald Somerville, Clerk to the Board
Ian Cox, Licensing Standards Officer, INBS
Chief Inspector J Neil, Northern Constabulary
Wendy Grosvenor, Licensing Assistant
There were no Declarations of Interest made by Members.
1. Apologies for Absence
None
2. Confirmation of Minutes
There were submitted for confirmation as a correct record the Minutes of Meeting of the Board held on 23 November 2009 and 15 December 2009
Members APPROVED the Minutes of 23 November 2009 and 15 December 2009
The Licensing (Scotland) Act 2005
3. Non-Payment of Annual Licensing Fees
Report INBS 13-10 by the Clerk, dated 7 January 2010.
The Clerk spoke to Report INBS 13-10. He invited Members to consider the Board’s options concerning non payment of annual fees. He also included the consideration of options for premises that were no longer trading and their potential breach of licence.
He listed premises that may be in breach of their licence conditions as:
- Peat by the Bridge, Bridge Street, Inverness
- Motions, Rose Street, Inverness
- Bus Stop, Farraline Park, Inverness
- Cuchullin Lodge, Culduthel Road, Inverness
- Inverness Masonic Lodge, 5 Gordon Terrace, Inverness
- RD’s Grampian Road, Aviemore.
The Clerk confirmed that premises who had failed to pay their annual fee in October 2009 would be sent a letter inviting them to a hearing.
He agreed that future requests for annual fee payment in October 2010 would be issued in an ‘invoice style’ format, from the Licensing Board. He stated that linking of the Council’s accounts system, ORACLE, to that of the Liquor Licensing System, was being looked at for 2010. He confirmed that the current legislation did allow licensees to make payments in instalments.
Members AGREED the recommendation for non payment of annual fees, which was to hold a review hearing and, if satisfied that the grounds for review was established, then take one of the following steps- 1. Issue a written warning, 2. Make a variation to the licence, 3. Suspend the licence for such a period as the Board may determine or, 4. Revoke the licence. In addition, Members AGREED that non-trading premises would be subject to a Review.
Members agreed to consider the following two items in Private.
4. Application for Personal Licence
David Craig MacLennan.
After consideration, and noting Mr MacLennan’s absence from the meeting, Members agreed to DEFER consideration of the application to the meeting of the Licensing Board to be held on 9 March 2010, in Inverness.
5. Licensing Applications
Application considered in Private
Premises Licence(s) - New
1.
MacDonald House, 1 Ardross Terrace, Inverness IV3 5NQ
Applicant: Fiona Carol Blair
Members noted the Notice of Convictions submitted by the Chief Inspector, dated 10 December 2009. Members also noted that Notices of Convictions were obligatory under the new 2005 Act legislation, and had to be formally notified to the Board.
It was agreed by the Board that future Notices should appear as a list at the end of the agenda for the meeting, to be formally reported and noted by the Board.
The Board GRANTED the Premises Licence for MacDonald House, 1 Ardross Terrace,Inverness.
Premises Licence(s) - Provisional
2.
Premises: Premier Inn, 18 Huntly Street, Inverness
Applicant: Premier Inn Hotels Limited, c/o Brunton Miller, Herbert House, 22 Herbert Street, Glasgow, G20 6NB
Report INBS 02/10 by the Licensing Standards Officer.
Decision: GRANTED subject to local conditions detailed within Report 02/10
Premises Licence(s) - Variation (Major)
3.
Premises: Bught Park Stores, 98 Torvean Avenue, Inverness, IV3 5SW
Applicant: Bught Park Stores Ltd
Variation to off sales hours on Sundays to commence at 10.00am
Decision: GRANTED
4.
Premises: Carrbridge Hotel, Main Road, Carrbridge, Inverness-shire, PH23 3AB
Applicant: Carrbridge Hotel Ltd, c/o Lorna Murray, Solicitor, 45 Culduthel Road, Inverness, IV2 4HQ
Variation is made to allow the outside drinking area to operate until 1am daily
Report INBS 03/10 by the Licensing Standards Officer
Decision: GRANTED subject to local conditions detailed within Report 03/10 ie outdoor drinking area to operate to 12 Midnight any evening with access restricted to residents and persons dining at the Hotel.
5.
Premises: Clachnaharry Inn, 17/19 High Street, Clachnaharry, Inverness-shire, IV3 8RB
Applicant:Greene King Retailing Ltd
Application WITHDRAWN
6.
Premises:Glenmore Shop, Glenmore, Aviemore, PH22 1QU
Applicant: Glenmore Outdoor Ltd
Variation to Sunday Opening hours from 10 am off sales and 12 Noon on sales
Report INBS 04/10 by the Licensing Standards Officer
Decision: GRANTED application to allow Sunday Off-Sales from 10.00am and On Sales within the separate café from 12 Noon.
7.
Premises: Pringle Weavers of Inverness, Holm Woollen Mill, Dores Road, Inverness, IV2 4RB
Applicant: Edinburgh Woollen Mill Ltd, c/o Edinburgh Woollen Mill Ltd, Waverley Mills, Langholm, Dumfriesshire, DG13 0EB
Variation to off sales hours to commence at 10.00am Mon-Sun.
Decision: GRANTED with agreed revised hours on Sunday from 12 Noon for On Sales.
Report INBS 11/10 by the Licensing Standards Officer
8.
Premises: Laggan Stores Ltd, Laggan Bridge, Newtonmore, PH20 1AH
Applicant: Laggan Stores Ltd
Variation to off sales hours on Sundays to commence at 10.00am
Decision: GRANTED
9.
Premises: McColls, 40 Culcabock Road, Inverness, IV2 3XQ
Applicant: Martin McColl Ltd, c/o DWF Solicitors, 5 Castle Streetm, Liverpool L2 4XE
Variation to off sales hours on Sunday to commence at 10.00am.
Decision: DEFER pending site note confirmation to meeting on 9 March 2010
10.
Premises: McColls, 12 High Street, Ardersier, Inverness, IV2 7QB
Applicant: Martin McColl Limited, c/o DWF Solicitors, 5 St Paul's Square, Old Hall Street, Liverpool, L3 9A
Variation to off sales hours on Sundays to commence at 10.00am.
Decision: DEFER pending site note confirmation to meeting on 9 March 2010
11.
Premises: Morrisons, Millburn Road, Inverness, IV2 3TR
Applicant: WM Morrison Supermarkets PLC, c/o Hill Brown, 3 Newton Place, Glasgow, G3 7PU
Variation to off sales hours on Sunday to commence at 10.00am and a new off-sale capacity of 165.73 square metres.
Report INBS 01/10 by the Licensing Standards Officer
Decision: GRANTED
12.
Premises: Royal British Legion, 31 The Square, Grantown on Spey, PH26 3HF
The Applicant: Royal British Legion Strathpey Club
Report INBS 54/09 by the Licensing Standards Officer
Present: Mr V Shelley and representative of the Club.
Mr Shelley confirmed that the Club played live music and wanted to extend their hours at the request of their Committee. This would apply to Members only, from 11pm onwards.
Chief Inspector J Neil spoke to his submission dated 9 June 2009 and confirmed that the hours sought were outwith current Licensing Board policy.
Mr G Rimell stated that he supported the application. The club was a private establishment; the application should be considered on its individual merit and in his view, the current legislation allowed for flexibility in trading.
Mr L Fraser disagreed with a 2am terminal hour as this was outwith Board policy. Ms P Munro supported the view of Mr G Rimell.
Mrs H Carmichael moved to refuse the grant.
Mr R Pederson noted that the Club would use live music or entertainment, during the hours sought.
The LSO confirmed that mandatory and local conditions would apply to any variation sought.
Mr G Rimell moved to grant the variation to licence.
This was seconded by Mr R Pedersen.
Mrs H Carmichael moved to refuse the grant
This was seconded by Mr. P Corbett.
Vote
Motion: to grant variation, subject to any mandatory and local conditions
Amendment: to refuse variation on the grounds that grant would be contrary to S23.21 of the Licensing Objectives (Licensing (Scotland) Act 2005)
Motion: 4
Amendment: 4
The Chairman Peter Corbett had the casting vote and the Amendment was carried.
Decision: REFUSED the application as it was against Board Policy and on the grounds that it was contrary to the Licensing (Scotland) Act 2005 Licensing Objective S23.21: Securing Public Safety and Prevention of Public Nuisance.
The Clerk confirmed to Mr Shelley his Right of Appeal against the decision.
Members NOTED that the Licensing Board Policy would be reviewed during 2010.
The Convener advised the applicant to speak to the Clerk regarding any re-application.
13.
Premises: Scotmid, Balloan Road, Inverness
Applicant: Scottish Midland Co-operative Society Ltd, c/o Anderson Strathern, 1 Rutland Court, Edinburgh, EH3 8EY
Variation to shop layout - proposed capacity will be 40.2 m2
Report INBS 06/10 by the Licensing Standards Officer
Decision: GRANTED
14.
Premises: Somerfield, Inverness Road, Nairn, IV12 4S
Applicant: Somerfield Stores Limited, c/o Hill Brown, 3 Newton Place, Glasgow, G3 7PU
Variation to Sunday hour to commence from 10am
Decision: GRANTED
15.
Premises: Spar, 40 Montague Row, Inverness, IV3 5QB
Applicant: C J Lang and Son Limited, c/o Shield and Kyd, 15 Rutland Street, Edinburgh, EH1 2AN
Variation to off sales hours on Sundays to commence at 10.00am
Decision: GRANTED
16.
Premises: Taj Mahal, 47 High Street, Grantown on Spey,l PH26 3EG
Applicant: Thai (Inverness) Ltd, c/o Lorna Murray, Solicitor, 45 Culduthel Road, Inverness, IV2 4H
Variation to on sales hours on Sundays to commence at 12.00noon.
Report INBS 09/10 by the Licensing Standards Officer
Decision: DEFER pending confirmation of site notice display to meeting on 9 March 2010
17.
Premises: The Royal British Legion Branch Club, Cawdor Road, Nairn IV12 4QD
Applicant: British Legion Branch Club
Variation is sought to the Children's Policy to increase access as detailed in Operating Plan.
Report INBS 08/10 by the Licensing Standards Officer, dated 8 December 2009.
Decision: GRANTED
18.
Premises: The Silverfjord, Ruthven Road, Kingussie Inverness-shire PH21 1ES
Applicant: Partnership of the Silverfjord, c/o Gillespie MacAndrew WS, Solicitors 5 Atholl Crescent, EDINBURGH, EH3 8EJ
Variation to on and off sales hours on Sundays to commence at 12.00noon.
Report INBS 05/10 by the Licensing Standards Officer
Decision: GRANTED
Premises Licence(s) - Variation (Major) on Transfer
19.
Premises: Claymore Bar,12 High Street, Grantown-on-Spey, PH26 3HB
Greene King Retailing Ltd, c/o Belhaven Brewery Ltd, Atrium House 6 Back Walk, Stirling, FK8 2QA
On/Off sales to commence 12 Noon on Sundays
Decision: GRANTED
20.
Premises: Jacko’s, 44 Harbour Street, Nairn, IV12 4NU
Applicant: Greene King Retailing Ltd, c/o Belhaven Brewery Ltd, Atrium House 6 Back Walk, Stirling, FK8 2QA
Outwith Policy
Application WITHDRAWN
21.
Premises: The Coppice Hotel, Grant Road, Grantown on Spey, PH26 3LD
Applicant: Julie Stewart, c/o Cannons Law Paternship Attn Lee-anne Philips, 30 George Square, Glasgow G2 1EG
Change to layout plan
Hotel refurbishment.
Decision: GRANTED
22.
Premises:The Exchange, 38-40 Academy Street, Inverness IV1 1JT
Applicant: Greene King Retailing Ltd
Outwith Policy
Application WITHDRAWN
23. Additional Item: The Gambling Act 2005
Application for Unlicensed Family Entertainment Centre
Nessies Amusement Centre, 9-21 Castle Street, Inverness
GRANTED
Meeting concluded at 12.00 noon