Minute of the meeting of The Highland Licensing Board, Inverness, Nairn, Badenoch and Strathspey Division held in the Council Chamber, Headquarters, Glenurquhart Road, Inverness on Tuesday 27 April 2010 at 3.00pm.
Present:
Mr P Corbett (Chair), Mr G Rimell, Mr John Ford, Mr Laurie Fraser, Mrs Helen Carmichael, Mr Norrie Donald, Mr R Pedersen
In attendance:
Donald Somerville, Clerk to the Licensing Board, Ian Cox, Licensing Standards Officer INBS, Wendy Grosvenor Licensing Assistant
1. Apologies for Absence
Mrs P Munro
2. Confirmation of Minutes
There were submitted for confirmation as a correct record the Minutes of Meeting of the Board held on 9 March 2010 and 12 March 2010 and the Minutes of the Meeting of the Joint Divisional Licensing Boards on 12 March 2010.
The Board APPROVED the Minutes of Meeting of the Board held on 9 March 2010 and 12 March 2010 and the Minutes of the Meeting of the Joint Divisional Licensing Boards on 12 March 2010.
The Licensing (Scotland) Act 2005
3. Seasonal Extended Hours Applications
Report INBS 16-10 by the Clerk, dated 18/03/2010
The Board AGREED the recommendations of the Report.
4. Application for Variation of Premises Licence
Premises: Brockies Lodge Hotel, Kiltarlity By Beauly
Applicant: Robert Sheriffs
Report No. INBS 39-10 dated 1/03/2010
The Board GRANTED the application subject to conditions detailed in Report INBS 39-10 by the LSO.
5. Application for New Provisional Premises Licence
Premises: Black Orchid Bar, 69-71 Castle Street, Inverness
Applicant: Andrew Adams, 27 Tomatin Road, Inverness per Lorna Murray Solicitor
Report No. INBS 43-10 dated 17/03 2010
Mr Ian Cox spoke to his report INBS 43-10
The applicant’s agent, Lorna Murray, spoke to the application. She made reference to the Licensing Board’s Over Provision Statement which, she commented was incomplete and late. She stated the Report by the LSO reflected his personal view. She noted that no representations had been received for the application and stated that under the 2005 it would be open to the Board to attach conditions should it so wish and that her client would be happy to accept conditions to be applied.
Mr D Somerville responded that it would, nevertheless, be open to the Board to refuse the application on the grounds of overprovision. He stated that this would not be ‘closing the door’ in terms of the over provision and that the applicant might return an application to the Board at a later date.
He stated that the operating plan before the Board did not reflect full details of the service to be provided as outlined by Mrs Murray at the meeting. He noted the validity of the LSO’s report and the relevance of complying with the licensing objectives.
Mrs Murray stated that there were currently no vertical drinking establishments in Castle Street, and stated that the determination of the application would have an effect upon the purchase of the premises for her client.
The Board AGREED to conduct the meeting in private at this point.
After resuming the meeting in public, Mr P Corbett noted the variance and lack of specific detail in the operating plan before him.
Motion
He moved refusal of the application on the grounds of over provision with regard to its description.
This was seconded by Mr G Rimell.
Amendment
Mrs H Carmichael moved to grant the application and attach conditions.
This was seconded by Mr J Ford.
Vote
Motion 4
Amendment 3
The motion was carried and the application was REFUSED.
Mrs Murray requested a S25 Direction and this was AGREED.
Decision: REFUSED
6. Review Hearing – Resume Consideration:
6.1
Premises: Bakoo, Baron Taylor Close, 39 High Street, Inverness
Applicant: Mrs Eileen MacIver, West Cross Acres, Lentran Inverness
Report No. INBS 37-10 dated 1/03 /010
Report No. INBS 61-10 dated 15/4/2010
Mrs Lorna Murray was in attendance representing the applicant.
Mrs MacAskill and Mr and Mrs McIver were present at the meeting.
Mr Graham Cooper, Ledingham Chalmers, represented the Chief Constable.
Mr Cooper confirmed that no evidence would be presented at the Board. Statements only would be read. He referred to three separate incidents of breach of the Local Conditions applied to the licence.
Mrs Murray, for the applicants, confirmed that the Police Report was correct and that her clients had not been adhering to the licence conditions correctly. They were working towards adhering to the conditions in full and had felt that there would be a ‘bedding in’ period. They were currently in discussion with various suppliers for non-glass bottles. They had been fully compliant since receipt of the Chief Constable’s letter. The chain of command with door stewards had broken down and they were now employing different stewards. All their staff were fully trained, and they were now monitoring the premises very carefully. Presently the premises known as Bakoo was closed. The premises ‘Cactus Jack’ was currently open. A three month closure had been discussed with the Police as well as the re-training of staff.
The LSO spoke to his report INBS 61-10.
Mr P Corbett noted the seriousness of the breach of conditions.
Mr G Rimell moved that the Board apply a three-month suspension of licence.
Mr N Donald moved revocation of the licence.
Mr L Fraser moved that the licence be suspended for 6 months.
This was seconded by Mr J Ford.
The Board unanimously AGREED to SUSPEND the licence for 6 months.
6.2
Premises: The Bus Stop, Farraline Park, Inverness
Applicant: Inverness Properties Limited, Albyn House, Union St, Inverness
Report No. INBS 26-10 dated 18/3/2010
Lorna Murray represented the applicant. She confirmed that a new variation had been sought in respect of off sales only.
Noting that this application would be submitted to the June Board, Members
AGREED to DEFER consideration until the meeting to be held on 15 June 2010.
6.3
Premises: Inverness Masonic Club, 5 Gordon Terrace, Inverness
Applicant: Inverness Masonic Club, 5 Gordon Terrace, Inverness
Report No. INBS 31-10 dated 18/2/2010
The LSO spoke to Report INBS 31-10. He stated that he had been invited to a previous Club meeting to give advice. The Club had not traded since transition.
The Club members felt that they would be able to comply with club regulations and would be liaising with the LSO.
The Board DEFERRED the application to the meeting to be held on 15th June 2010.
6.4
Premises: Peat by the Bridge 16/20 Bridge Street, Inverness
Applicant: Paul Goodale, Chiswick, London.
Report No. INBS 32-10 dated 18/2/2010
Lorna Murray represented the applicant and confirmed that the licence had ben Surrendered.
The Board NOTED the SURRENDER of licence.
The Board agreed to consider the following business in Private:
7 Application for Personal Licence
7.1
Applicant: Deborah Anne Balchan
Notice of Conviction from Chief Inspector dated 23 February 2010
The applicant, Deborah Anne Balchan was present at the meeting.
Chief Inspector Maclean was in attendance, representing Inspection J Neil.
He confirmed the details of convictions in his Notice to the Board Members.
The Clerk noted that there was no recommendation to refuse the application from the Police.
The Board AGREED to GRANT the application.
7.2
Applicant: Charles William Andrew Murray
Notice of Conviction from Chief Inspector dated 4 March 2010
The applicant Charles Murray was not present at the meeting.
Chief Inspector Maclean was in attendance, representing Inspection J Neil.
After discussion the Board AGREED to GRANT the application.
8. S37 of the Licensing (Scotland) Act 2005
Members are invited to consider premises licence review proposals in respect of JD Wetherspoon plc.
The Board NOTED the review proposals.
Additional Items:
At the request of the Clerk, the Board agreed to take the following additional items:
9.
Hearing of Adjustments – Mavericks, Young Street, Inverness
Report INBS 20/10 by the Clerk dated 23 April 2010
After consideration the Board AGREED the recommendation to hold a hearing and issue the draft Stated Case.
10.
Late Application for Conversion of Premises Licence
Inverness Caledonian Thistle. Inverness
The Board APPROVED the application.
The meeting concluded at 4.35pm