Minute of the meeting of The Highland Licensing Board, held in the Council Chamber, Headquarters, Glenurquhart Road, Inverness on Tuesday 5th October 2010 at 02.00pm.
Mr P Corbett
Mr G Rimell
Mr D Flear
Mr A Henderson
Mrs M Paterson
Mr Drew Millar
Mr R Greene
Mr R Pedersen
Donald Somerville Clerk to the Licensing Board
Wendy Grosvenor Licensing Assistant
1. Apologies for Absence
Mrs G Sinclair, Mr A Rhind
2. The Licensing (Scotland) Act 2005
The Clerk welcomed Members to the first meeting of the Highland Licensing Board. Members were informed that the meeting would be a video conference with other areas of the Board.
2.1 Appointment of Convener – notwithstanding the decision of the Highland Council the Board was legally obliged to appointment its own convener. The Clerk invited nominations for the appointment of Convener to the Board.
Mr G Rimell proposed Mr. Peter Corbett. This was seconded by Mr R Pedersen.
Upon accepting the nomination and proposal, Mr P Corbett was unanimously elected Convener to the Highland Licensing Board.
2.2 Consider appointment of Vice Convener
The Clerk invited nominations for the appointment of Vice Convener.
Mrs M Paterson was proposed by Mr R Pedersen. This was seconded by Mr A Henderson.
Upon accepting the nomination and proposal, Mrs M Paterson was unanimously elected as Vice Convener to the Highland Licensing Board.
Mr Corbet (Convener)
2.3 Approved Scheme of Delegation
The Scheme of Delegation (14kb pdf) dated 5 October 2010 was circulated to Members. The Clerk spoke to the document. A typographical error on page 3 of the document was noted and an amendment to delete lines 5 and 6 on Page 3 were agreed.
Members agreed that on receipt of any ‘exceptional’ application for extended hours or occasional licence, that was outwith Board policy; and subject to reports by relevant officers and agencies, it would be delegated to the Convener and Vice Convener and copied to all other Board Members (within a 72-hour timescale). The Board noted any application might at the discretion of the Convener or Vice Convener or Clerk be reported to a full meeting of the Board.
The Clerk drew to the Board’s attention that Ross Skye and Lochaber policy had an addition inclusion for ‘vexatious or frivolous’ applications, and that he would include this into the current Scheme. He noted that further updates would also need to be made to the Scheme, ie from the Criminal Justice Act.
Members AGREED to adopt the Scheme of Delegation with amendments and relevant updates by Clerk.
2.4 Licensing Policy Statement
The Clerk spoke to Report HLB-001-10 (14kb pdf). He agreed to circulate to all Members of the Licensing Board a copy of all the Highland Areas’ Policy Hours.
NOTING the need to organise and agree a date for a meeting, the Board AGREED the contents of the report.
3. Gambling Act 2005 – The Board was obliged to approve their Policy Statement which was in the same terms as the Schemes previously approved by the Boards but currently included specific reference to the Licensing Standards Officers.
The Clerk spoke to the Policy Statement (dated 5 October 2010) which was circulated to Members.
The Board AGREED to adopt the Gambling Act 2005 Policy Statement dated 5th October 2010.
3.1 Approve Scheme of Delegation -.
A copy of the Scheme of Delegation (18/08/2010) under the Gambling Act 2005 (31kb pdf) was circulated to Members.
It was noted that the function for Small Lotteries which was previously a Civic Government matter, was now delegated to the Clerk to the Licensing Board.
Mr D Millar asked that the Clerk clarify and report on any exclusion which might concern a Licensing Board Member who was the holder of a Registration of Society under the Act.
The Board AGREED to adopt the Scheme of Delegation under the Gambling Act 2005 dated 18/08/2010.
The Board agreed, at the request of the Clerk, to consider an application for Extended Hours for the MOD event in Caithness.
The Clerk circulated supporting paperwork for the application which was for an extension of hours to 5.00am for an event in Wick High School.
It was noted that the Divisional Board had previously agreed extensions, outwith policy, in general for the event, to 2.00am.
Members AGREED that the previous Board’s decision should be adhered to, however they REFUSED to agree any extension to 5.00am.
The meeting concluded at 2.45pm.