Minute of the meeting of The Highland Licensing Board, held in the Council Chamber, Headquarters, Glenurquhart Road,Inverness on Tuesday 19 October 2010 at 02.00pm.

 

Present:

 

Mr P Corbett
Mr D Flear
Mr A Henderson
Mrs M Paterson
Mr Drew Millar
Mr R Greene

 

In attendance:
Donald Somerville, Clerk to the Licensing Board
Alaisdair MacKenzie, Area Solicitor Ross Skye and Lochaber
David Macpherson, Licensing Standards Officer
David Inglis, Licensing Standards Officer
Chief Inspector James Neil, Northern Constabulary
Inspector James Williamson, Northern Constabulary
Wendy Grosvenor, Licensing Assistant

 

Also in attendance:
Item 7.2 Mr. Paul McArthur
Item 7.3, Mr Fraser represented by Mrs Lorna Murray
Item 8.5 Mrs Lorna Murray
Item 8.8 Mr P McGregor, Manager, represented by Mrs Lorna Murray
Addition Item: Mr N G Saggers represented by Mrs M MacRae.

 

Convener: Mr Peter Corbett

 

Mr P Corbett welcomed Members to the new Highland Licensing Board.

 

Briefing on Protocol for Webcasting of Meetings.

 

The Chairman provided the Board with a short briefing on the Council’s webcasting procedure and protocol. Accordingly, he advised that Items which the Board decided should be considered in private would not be webcast due to the disclosure of personal information relating to applicants/licence holders.

 


Declarations of Interest:  None were declared

 

1. Apologies for Absence
 Mr G Rimell, Mr A Rhind, Mr R Pederson, Mrs G Sinclair

 

2. Confirmation of Minutes  

 

There were submitted for confirmation as a correct record the Highland Licensing Board Minute of Meeting held on 5 October 2010 and the former Divisional Licensing Board Minutes of Meetings as follows:

 

i. Ross, Skye and Lochaber Division, 14 September 2010.
ii. Caithness, Sutherland and Easter Ross Division, 14 September 2010.
iii. Inverness, Nairn, Badenoch and Strathspey Division, 21 September 2010.

 

The Board AGREED to adopt as a correct record, the Minutes at 2(1), 2(ii) and 2(iii).

 

3. Licensing (Scotland) Act 2005
Licences granted under Delegated Powers 

 

There was circulated Report No. HLB-02-10 (22kb pdf) detailing Licences which had been granted under delegated powers by the Clerk to the Board during the period 21 September 2010 to 4 October 2010 and which invited the Committee to note the Report.

 

The Board NOTED Report No. HLB0-02-10.


 
4. Licensing (Scotland) Act 2005
Occasional Licences and Extended Hours granted under Delegated Powers 

 

There was circulated Report No. HLB-03-10 (38kb pdf) detailing Occasional Licences and Extended which had been granted under delegated powers by the Clerk to the Board during the period 21 September 2010 to 4 October 2010 and which invited the Committee to note the Report.

 

The Board NOTED Report No. HLB-03-10

 

5. Seasonal Extended Hours 


There was circulated Report No HLB-04-10 (20kb pdf) by the Clerk, dated 23 September 2010.


 
The Board AGREED the recommendation and made a Determination under S67 across the Highland areas in respect of 24th, 25th and 31st December to 2am for on sale premises, serving food.

 


6. Licensing (Scotland) Act 2005  
Applications for Provisional Premises Licences

 

6.1
Applicant:
Sainsbury’s Supermarkets Ltd, per Shepherd & Wedderburn
Saltire Court,  20 Castle Terrace, Edinburgh, EH1 2ET.
Premises: Sainsbury’s Superstore, Balmakeith, Forres Road, Nairn
Type: Off Sales

 

There was circulated Report HLB-05-10 (31kb pdf) by the Clerk, dated 04 October 2010.

 

Notice under Section 21 had been received from Northern Constabulary, dated 15 September 2010. 

 

The Board NOTED the Notice submitted by the Chief Inspector dated 15 September 2010 and GRANTED the application.

 


6.2
Ref:
RSL/L/1556
Applicant: J D Wetherspoon plc per Brunton Miller, Herbert House, 22 Herbert Street, Glasgow, G20 6NB
Premises: 98-104 High Street, Fort William
Type:  On Sales and Off-Sales (Provisional)
Date of Application: 16 September 2010

 

Note: No objections or representations had been received in respect of this application.

 

The Board GRANTED the application.

 


The Board AGREED to consider the following Additional Item:

 

Application for the Grant of Provisional Premises Licence

6.3
On Sales
Premises: Unit 5, Farraline Court/Strothers Lane, Inverness
Applicant: Inverness City Restaurants Ltd, Reg. Office: Ballagan House, Gollanfield, IV2 7QT per R & R Urquhart.
Report No. INBS 123-10 by the Clerk dated 10 August 2010

 

The Board GRANTED the application subject to Local Conditions 11,12,13,14 and 16 contained within Report No. INBS 123-10.

 


7. Licensing (Scotland) Act 2005  
Applications for New Premises Licences


 
7.1
Ref:
  RSL/R/1553
Applicant: Mrs Sonia Akther per Anderson Shaw & Gilbert, Solicitors, York House, Inverness
Premises: Essence of India Restaurant, West Lane, Ullapool, IV26 2UT
Type: On Sales and Off Sales
Date of Application: 24 July 2010

 

Note: No objections or representations have been received in respect of this application.

 

The Board GRANTED the application.

 

7.2
Applicant:
Active Outdoor Pursuits Ltd, Craigower Lodge, Golf Course Road, Newtonmore
Premises: Active Outdoor Pursuits, Grampian Road, Aviemore
Type: On Sales and Off Sales

 

There was circulated Report No HLB-13-10 (54kb pdf) by the Clerk, dated 7 September 2010.  

 

The applicant Mr P McArthur was in attendance at the meeting.
After consideration, the Board GRANTED the application, subject to Local Conditions 11, 12, 13, 14 and 16 contained within Report No. HLB 13-10.

 

The Board agreed to consider the following item in Private and the webcast was paused.

 

7.3
Applicant:
  Christopher James Fraser, Annahill, Knockbain, Inverness
Premises: Joy of Talk (formerly Java), 25-27 Church Street, Inverness
Type: On Sales

 

There was circulated Report No. HLB-06-10 (33kb pdf)  by the Clerk, dated 29 September 2010. 

 

A Notice of Conviction dated 12 October 2010 from the Chief Constable in respect of the application was circulated to Members.

 

The Board AGREED to hold a review hearing in respect of a further Notice of Conviction dated 12 October 2010 from the Chief Constable, which related to the applicant’s application for Personal Licence (which was also circulated).

 

The applicant, Mr C Fraser was in attendance at the meeting and represented by Mrs Lorna Murray.

 

The applicant’s representative was invited to speak to the application for premises licence and personal licence. She apologised on her client’s behalf for failing to fully disclose his convictions. She confirmed that this had been an oversight.  Her client was a very experienced licensee, whose licence for Hootenanny’s had converted from the 1976 Act and that the conviction information had been available at the time of earlier conversion. She was not aware of any Police objections to the application.

 

Members were invited to ask questions of the applicant.  There were none asked.  The Police confirmed that they were under obligation to show Notice of Convictions and that they had no objections to the premises licence.

 

After consideration the Board agreed to GRANT the application for premises licence, subject to Local Conditions 11, 12, 13, 14 and 16 and subject to the LSO’s comments in respect of children’s policy which was NOTED and ENDORSED by the Board, and contained within Report HLB-06-10.

 

The Board further NOTED the notice of conviction in respect of the Personal Licence application.

 

7.4
Applicant:
Karl and Ann Falconer, Kordonan, Main Street, Drumnadrochit.
Premises: The Courtyard Restaurant, Unit 7, Drum Farm, Drumnadrochit
Type: On Sales and Off Sales

 

There was circulated Report No HLB-07-10 (32kb pdf) by the Clerk, dated 29 September 2010.


 
The Board GRANTED the application subject to Local Conditions 11, 12, 13, 14, 16, 18 and 19 contained within Report HLB-07-10

 

8. Licensing (Scotland) Act 2005
Applications for Variation to Premises Licences

 

8.1
Applicant:
Lidl UK GmbH
Premises: Lidl, South Road, Wick
Variation: Decrease alcohol display capacity to 41.13 square metres and change layout plan

 

The Board GRANTED the application as sought.


 

8.2
Ref:
RSL/S/1305
Applicant: Kim Donnelly
Premises: Claymore Restaurant, Broadford, Isle of Skye
Type: On Sales and Off Sales
Variation: (i) Extension to Restaurant and provision of new outside decking area and enclosed garden area at the back of the building;  (ii) Commence Sunday On Sales and Off Sales hours from 12 Noon;  (iii) Seasonal Variation – The Claymore was undergoing renovations from 1 November 2010 until March 2011 (approx).  The business was operating bar only from November 2010 until 3 January 2011 then the intention was to close down until 1 March 2011 for the completion of the renovations; (iv) Increase On Sales capacity from 45 seater to 90 seater restaurant/bar.
Date of Application: 26 August 2010

 

Note: No objections or representations have been received in respect of this application.

 

The Board GRANTED the application as sought.

 


8.3
Ref:
RSL/L/0478
Applicant: SBM (Fort William) Ltd
Premises: Tavern Café Bar, High Street, Fort William
Type: On Sales
Variation: Repositioning of bar/servery within premises
Date of Application: 16 September 2010 

 

Note: No objections or representations have been received in respect of this application.

 

The Board GRANTED the application as sought.

 


8.4
Ref:
  RSL/L/1119
Applicant: BP Oil UK Limited
Premises: Road to the Isles Filling Station, North Road, Fort William
Type: Off Sales
Variation: Change to alcohol display areas resulting in reduction of off-sales capacity from 9.75sqm to 4.44sqm
Date of Application: 16 September 2010 

 

Note: No objections or representations have been received in respect of this application.

 

The Board GRANTED the application as sought.

 

 8.5
Applicant:
Arrantay Ltd, 36 Nithsdale Road, Glasgow per Boyle Shaughnessy
94 Hope Street, Glasgow, G2 6QB.
Premises: Windsor Hotel, 16 Albert Street, Nairn
Type: On Sales and Off Sales
Variation: Proposal to increase the hours to have access for children and young persons:
1. Residents would be permitted entry at all times.
2. Children attending functions in the function hall would be permitted entry throughout the function.
3. Children taking meals in the restaurant would be permitted during restaurant hours.
4. Children taking bar meals in the bar would be permitted to 11pm.
Children and young persons permitted entry to all parts.

 

There was circulated Report No. HLB-09-10 (32kb pdf) by the Clerk, dated 10 September 2010.

 

Mrs Murray was in attendance for the application.


The Board GRANTED the application with no further Local Conditions.

 


8.6
Applicant:
Select Service Partner Limited, 169 Euston Road, London, NW1 2AE, per Lindsays Edin. Caledonian Exchange, 19a Canning Street, Edinburgh, EH3 8HE
Premises: Berties Bar, Inverness Railway Station, Academy Street, Inverness
Type: On Sales and Off Sales
Variation: Addition of Live Performances and Dance Facilities to the Operating Plan

 

There was circulated Report HLB-10-10 (31kb pdf) by the Clerk, dated 10 September 2010.

 

The Board GRANTED the application as sought with no further Local Conditions.

 

8.7
Applicant:
Edinburgh Woollen Mill Ltd, Waverley Mills, Langholm, Dumfriess shire.
Premises: James Pringle Weavers of Inverness, Holm Pringle Weavers of Inverness, Holm Woollen Mill, Dores Road, Inverness
Type: On Sales and Off Sales
Variation: Variation with increased Alcohol Display area, together with revised core hours to terminate at 8.00pm for both on and off sales Monday-Saturday and on sales to be varied to commence at 12 Noon on Sundays

 

There was circulated Report No. HLB-11-10 (32kb pdf) by the Clerk, dated 29 September 2010.

 

The Board GRANTED the application as sought, with no amendment to existing Local Conditions on the licence.

 

8.8
Applicant:
HLL Group Ltd, per EMW Picton Howell LLP 1 Seebeck Place, Milton Keynes per Hill Brown, 3 Newton Place, Glasgow G3 7PU
Premises: Love 2 Love, 9-21 Castle Street, Inverness,
Type: On Sales
Variation:
1. Change to core times Wed-Sun commencing at 6.00pm.
2. All facilities may be available on Christmas Eve, Christmas Day, New Year's Eve, New Year's Day when these days fall on a Monday or Tuesday.
3. Additional facilities /activities to be included within the operating plan.
4. All facilities/activities would be available on Mondays and Tuesdays between the hours of 6.00pm and 3.00am where Christmas Eve and New Year's Eve fall on a Monday or Tuesday; and all facilities/activities would be available within and outwith core licensed hours when an extension of hours was granted in terms of Section 67 and 68 of the Licensing (Scotland) Act 2005.
5. Children and young persons to be allowed access to attend under 18 events as follows:
• Children and young persons would be permitted entry when attending under 18 events.
• Children and young persons aged 12-17 would be permitted entry.
• Children and young persons would be permitted entry between 6.00pm and 10.00pm when attending an under 18 event.
• Children and young persons would be permitted entry to all public areas of the premises.

 

There was circulated Report No. HLB-12-10 (35kb pdf) by the Clerk, dated 4 October 2010.

 

A letter of objection received on 8 October 2010 by Craig Duncan, franchisee of McDonald’s, was circulated to Members.

 

Mr P McGregor was in attendance, represented by Mrs Lorna Murray.

 

Mrs Murray spoke to the application. She stated that the letter of objection referred to a previous incident which had occurred under the 1976 Licensing Act legislation.  Legislation under the 2005 Act would ensure that this would not re-occur and this application was intended to redress the balance.  Her client had made the application to fulfil what was perceived to be a demand in the market for ‘young patrons’. Under 18 events would be strictly controlled and Police would be notified well in advance.
Her client fully accepted the Local Conditions recommended by the Licensing Standards Officer and had amended the application for on sales  Wed to Sun to 7pm.

 

After consideration the Board AGREED to GRANT the amended application, as follows:

 

1. Change to core times Wed-Sun commencing at 7.00pm.
2. All facilities may be available on Christmas Eve, Christmas Day, New Year's Eve, New Year's Day when these days fall on a Monday or Tuesday.
3. Additional facilities /activities to be included within the operating plan.
4. All facilities/activities will be available on Mondays and Tuesdays between the hours of 7.00pm and 3.00am where Christmas Eve and New Year's Eve fall on a Monday or Tuesday; and all facilities/activities will be available within and outwith core licensed hours when an extension of hours is granted in terms of Section 67 and 68 of the Licensing (Scotland) Act 2005.

 

Under 18 Events:

 

5. Children and young persons to be allowed access to attend under 18 events as follows:
- Children and young persons will be permitted entry when attending under 18 events.
- Children and young persons aged 12-17 will be permitted entry.
- Children and young persons will be permitted entry between 6.00pm and 10.00pm when attending an under 18 event.
- Children and young persons will be permitted entry to all public areas of the premises;

 

and subject to Local Conditions numbered 1-5:

 

1. During the hours of operation of any under 18 event on the premises, a Personal Licence Holder shall be present on the premises for the duration of the event.


 
2. During the hours of operation of any under 18 event adequate stewarding by SIA registered personnel will be at all relevant entrances and egresses to the premises and within the premises.


 
3. Any under 18 event will be run according to the rules and conventions of “Blue Light Disco’s” and with the approval of Northern Constabulary.


 
4. During the course of any under 18 event all drinks shall be sold or served in plastic or polycarbonate glasses.


 
5. The CCTV system installed on the premises shall be used during the duration of any under 18 event. for under 18 events only, contained within Report HLB 12-10;

 

and including alteration of Local Condition No 4 in respect to stewarding, as follows:

 

“ After 9.00pm on Wednesday, Thursday, Friday Saturday and Sunday evenings and any day on which Christmas Eve, Christmas Day, Hogmanay and News Years Day falls, the Premises Licence Holder shall ensure that there is adequate stewarding at all entrances and egresses to the premises and within the premises”.

 

At the request of the Clerk the Board AGREED to consider the following Additional Item:

 

Report dated October 2010 by the Clerk in respect of Mr Nigel Kenneth Saggers, Lochcarron Hotel, Kyle of Lochalsh.

 

The report was circulated to the Board together with a letter dated 7 September 2010 from Inspector Maclean, Northern Constabulary, seeking a review of Personal Licence for Mr Saggers.
The Clerk spoke to his Report dated October 2010.He confirmed that the Chief Constable had withdrawn his previous request for a review hearing in connection with the premises licence for the Lochcarron Hotel.

 

The applicant Mr Saggers was in attendance at the meeting and was represented by Mrs Mary MacRae.

 

Mrs MacRae stated that the incident had occurred when her client had not actually been working in the premises and he deeply regretted what had happened. He accepted that his behaviour had been poor and not suitable for a premises manager.  He had underlying health issues and apologised for the incident.  His was a family business run by himself, his wife and his son. He was anxious not to jeopardise the business which supported 14 staff. He had subsequently transferred the role of premises manager to his son, Craig Saggers.

 

Members were invited to ask questions.  There were none.
The Police had no further update to make.

 

Mrs M Paterson moved to endorse the licence.
This was seconded by Mr P Corbett.


Mr D Millar stated that in his view the seriousness of the incident was such that the applicant could not be viewed as a fit and proper person to hold a personal licence. He wanted to consider revoking the licence.

 

Members retired to discuss the matter further in private.

 

On returning to the meeting, and after discussion, Mr D Millar moved to suspend the licence for 6 months from the date of the meeting (19 October 2010).
This was seconded by Mr A Henderson.

 

Members AGREED to suspend the personal licence for 6 months from the date of the meeting (19 October 2010).

 


The Meeting concluded at 02.55 pm