Minute of the meeting of The Highland Licensing Board, held in the Council Chamber, Headquarters, Glenurquhart Road, Inverness on Tuesday 30 November 2010 at 02.00pm.

 

Present:

 

Mr P Corbett
Mr D Millar
Mrs G Sinclair
Mrs M Paterson
Mr R Greene
Mr A Rhind

 

In attendance:

 

Donald Somerville, Clerk to the Licensing Board
David Macpherson, Licensing Standards Officer
David Inglis, Licensing Standards Officer
Chief Inspector James Neil, Northern Constabulary
James Williamson, Northern Constabulary
Inspector Tom Ogilvie, Northern Constabulary
Wendy Grosvenor, Licensing Assistant

 

Also in attendance:

 

Item 6.1, 6.2, 7.1, 8.2, 8.3. 9.1, 11.1  Mrs Lorna Murray, Solicitor
Item 6.2 Mr Grant Skinner and Tobias Leask
Item 6.1 Mr Peter Moore and Miles Andrew
Item 9.1 Lorraine A J Farry

 

Convener: Mr Peter Corbett

 

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:  Mr. P Corbett declared a non-financial interest from his position as associate member of the British Legion in Inverness.

 

Business

 

(Convener – Mr Peter Corbett)

 

1. Apologies for Absence

 

Mr G Rimell, Mr R Pederson, Mr A Henderson

 

2. Confirmation of Minutes  

 

There was submitted for confirmation as a correct record the Minute of the Meeting of the Highland Licensing Board held on 19 October 2010.

 

The Board AGREED to adopt as a correct record the Minute of the Highland Licensing Board held on 19 October 2010.

 

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

 

There was circulated Report No. HLB-14-10 (26kb pdf) detailing Licences which had been granted under delegated powers by the Clerk to the Board during the period 5 October 2010 to 15 November 2010 and which invited the Board to note the Report.

 

The Board NOTED the report.

 

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

 

There was circulated Report No. HLB-15-10 (39kb pdf) detailing Occasional Licences and Extended Hours Applications which had been granted under delegated powers by the Clerk to the Board during the period 5 October 2010 to 15 November 2010 and which invited the Board to note the Report.

 

The Board NOTED the report.

 

5. Licensing (Scotland) Act 2005 
Surrender of Premises Licence - Section 28(6)(b)

 

5.1
Ref
: RSL/L/1463
Applicant: Fort William Masonic Club
Premises: Masonic Hall, 23 High Street, Fort William
Type: On-Sales (Club)

 

Note: The Premises Licence had been surrendered in terms of Section 28(6)(b) of the Licensing (Scotland) Act 2005.

 

The Board NOTED the surrender of licence.

 

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

 

6.1
Ref
: INBS/1559
Applicant: Peter Gerald Moore, Flat 2, 36 High Street, Nairn IV12 4AU per Lorna Murray, Solicitor, 45 Culduthel Road, Inverness
Premises: Former Nairn County Social Club
Type: On and Off Sales

 

There was circulated Report No HLB-16-10 (20kb pdf) (1559) by the Clerk, dated 5 November 2010.

 

The applicant, Mr G Moore and Mr M Andrew were present. Mrs L Murray represented the applicant.

She spoke to the application, confirming that her client wished to create a new pub in Nairn. Works were to begin in January with a plan to start trading in the summer of 2011.  She noted that two letters of support had been received and circulated to the Board.  Her client was happy to accept any Mandatory and Local Conditions placed upon the grant of a licence.

 

The LSO, Mr I Cox, spoke to his comments contained within the report HLB-16-10. He confirmed that when he had visited the site, considerable refurbishment was to be carried out.  Noting that the premises were close to residential property he stated that it was essential that sound-proofing measures should be included at the build stage of the development. He stated that the smoking terrace at the rear of the building should be adequately stewarded to prevent any noise nuisance.  Mrs Lorna confirmed that no drinking would be taking place in the outdoor smoking terrace and that her client would join any local Pub Watch or similar scheme.

 

The Board GRANTED the application for premises licence subject to Mandatory Conditions; Local Conditions: 4, 7, 9,10,11,12,13,14, 16 and 17 and Specific Conditions detailed in Report HLB 16-10.

 

6.2
Ref:
INBS/1561
Applicant: Caledonian Heritable Ltd, 4 Hope Street, Edinburgh EH2 4DB, per Lorna Murray, Solicitor.
Premises: Mambos (Formerly Mavericks) 5-9 Young Street, Inverness
Type: On Sales

 

In attendance: Mrs Lorna Murray, Solicitor. Mr G Skinner and Mr T Leask

 

There was circulated Report No. HLB-17-10 (23kb pdf) (1561) by the Clerk, dated 1 November 2010.

 

Letters of objection had been received and circulated from S & D Pirnie, and Mr P Thomson. A letter of observation dated 11 November 2010 from the Chief Constable had also been circulated in addition to two letters supporting the application which had been received on 30 November 2010.

 

The Clerk spoke to his report HLB-17-10. He outlined in brief the difficult history of the licence.  He stated that the application now before the Board was substantially different to those previously submitted and more in fitting with the Board’s policy:

 

1. Extended hours to 3am on Friday and Saturday would be on the basis of ‘substantial entertainment’ which would now be provided.

 

2. Trading between 12 Noon to 19.00 would be ancillary to the provision of meals and therefore a ‘restaurant’ style of trade.

 

He established that none of the Objectors were present at the meeting.

 

Mrs Lorna Murray was invited to speak to the application.

She confirmed that the licence holder Caledonian Heritable Ltd was an established business organisation. Her clients, Mr Leask and Mr Skinner leased and managed the premises and licence. They also managed two other Inverness licensed premises, No. 27 and The Room.

 

She stated that her client was not looking for any extra hours.  She confirmed that the licence was trading under the 1976 Act, pending the outcome of Appeal. The current application had been made in order to secure some common ground with the Board under the current 2005 Act.  It had an entertainment focus and restaurant-type hours of operation.  Her clients were happy to accept both Mandatory and Local Conditions which would attach to the licence. She confirmed that currently the premises did not have CCTV, but her client was ready and willing to have this immediately installed to enable full compliance with any late night opening conditions.

 

The LSO, Mr. I Cox, was invited to speak to his recommendation contained within the Clerk’s report.

 

Mr Cox confirmed that he had visited the premises on Saturday 27th November 2010, having also liaised with the applicant.  He had been able to access neighbouring property with a view to investigating noise levels. He had requested that the sound system within the licensed premises be turned up to a high level in order to make his test.  He had noted that no discernable noise could be heard in No 3 Tomnahurich Street, which was adjacent to the licensed premises and contained the flat owned by Mr and Mrs Pirnie. Also within the common stairway with the music put up to the highest level, little noise could be heard. On the top floor flat no 6, no noise was discernable. He noted that the residential area shared a common doorway on the ground floor which was open and unlocked. This would indicate that any member of the public might gain access.

 

He confirmed that in his view the licensed premises were well stewarded.  However the use of CCTV was a mandatory requirement.  Use of plastic glasswear was well utilised and further stock purchases were in progress.  He had advised the applicant of the need to compile a drug policy and an evacuation procedure and expected that this would be attended to.

 

Mr Cox had not interviewed any of the Objectors.  He noted that none were present at the meeting. He stated that in his view, the premises operation would not conflict with any of the Licensing Objectives.  With good management he anticipated that the premises would operate as well as any other similar city premises.

 

The applicant’s agent was invited to respond.

 

Mrs Murray confirmed that her applicant had attempted to contact Mrs Pirnie, the landlady, but had been refused access to the flat, in order to review any noise issues.  There had not been any changes in provision of equipment or music and her client had difficulty in understanding why noise had now become a problem.  They had been unable to contact by either fax or phone the other objector, Mr. Thomson.  She noted that no objections had been received from the Highland Council’s Environmental Health Officer.  She confirmed that the premises had a sound policy on anti social behaviour administered through Pub and Club Security and that a clean and wash-up procedure was adhered to at close of business outside the premises to protect the neighbouring environs.

 

There were no questions tendered by the Police.
There were no questions tendered by Members.

 

The LSO stated that conditions placed upon any licence granted should include a procedure for glass disposal at the end of business.

 

Mr P Corbett moved that the application be granted.  This was seconded by Mr R Greene.

 

After discussion, the Board AGREED unanimously to GRANT the application for Provisional Premise Licence, subject to Mandatory Conditions; Late Night Opening Conditions; Local Conditions contained within Report HLB-17-10:


• 1,2,3,4,6,7 (Sunday evenings only) 8, 9, 10, 11,12,13,14,16, and 17
and Specific Condition:

 

• all glass disposal operations shall cease between the hours of 11pm and 8am.

 

6.3
Ref:
INBS/1562
Applicant: Scottish Midland Cooperative Society Ltd, Hillwood House, 2 Harvest Drive, Newbridge EH28 8QJ, per Anderson Strathern, Edinburgh
Premises: Scotmid, 1 Granish Way, Dalfaber, Aviemore
Type: Off Sales

 

There was circulated Report No. HLB-18-10 (16kb pdf) (1562) by the Clerk dated 1 November 2010.

 

The Board GRANTED the application for Provisional Premises Licence.

 

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

 

7.1
Ref:
INBS/1562
Applicant: The Partnership of Sorah Abdulla Ahmed and Halabja Peshtawan Jabar Hassan per Lorna Murray, Solicitor
Premises: Ezee, 114 Academy Street, Inverness, IV1 1LX
Type: Off Sales

 

In attendance: Mrs Lorna Murray Solicitor

 

There was circulated Report No HLB-19-10 (16kb pdf) (1562) by the Clerk dated 27 October 2010.

 

The Board GRANTED the application for New Premises Licence

 

7.2
Ref:
INBS/1563
Applicant: Royal British Legion Club, 1 Mid Street, Beauly
Premises: British Legion Club, 1 Mid Street, Beauly
Type: On and Off Sales

 

There was circulated Report No. HLB-20-10 (17kb pdf) (1563) by the Clerk, dated 8 November 2010.

 

A letter of objection received by email on 17 November 2010 by Mr. J Morrison, was circulated.

 

Noting that insufficient advertising had been carried and pending confirmation of site notice display the Board DEFERRED the application to the meeting of the Board to be held on 8th February 2011

 

7.3
Ref
: RSL/R/1560
Applicant: Mr Alastair William Brown
Premises: A. & J. Grocers, Carn Raineach, Camustiel, Applecross, IV54 8LT
Type: Off Sales
Date of Application: 22nd October 2010

 

Noting that the publication of the application had closed on 23 November 2010, the Board GRANTED the application for New Premises Licence.

 

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

 

8.1
Applicant
: Invergordon Golf Club
Premises: Invergordon Golf Club, King George Street, Invergordon
Type: On Sales
Variation: Change On Sales hours on Sundays to 11am to 11pm, amend the children and young persons policy, remove the seasonal variation, and increase the On Sales capacity to 80
Date of Application: 28 September 2010

 

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

 

There was circulated Report HLB-21-10 (28kb pdf) by the Clerk, dated 15 November 2010.

 

Noting that the applicant was not in attendance the Board DEFERRED the application to a meeting of the Board to be held on 8 February 2011 in order to discuss On Sales hours on Sundays to commence from 12 Noon in line with Board policy.

 

8.2
Ref:
INBS/253
Applicant: Punch Taverns (Inns) Ltd, Jubilee House, Second Avenue, Burton on Trent Staffordshire, per Ford & Warren, Westgate Point, Westgate, Leeds LS1 2AX
Premises: Monty’s Bar, Bridge Street, Inverness
Type: On and Off Sales
Variation: Variation to commence trading at 12.00noon on Sundays for on and off sales

 

In attendance: Mrs Lorna Murray, Solicitor

 

There was circulated Report No HLB-22-10 (30kb pdf) (253) by the Clerk, dated 1 November 2010.

 

The Board GRANTED the application for Variation as sought and subject to existing conditions.

 

8.3
Ref
: INBS/254
Applicant: Punch Taverns (Inns) Ltd, Jubilee House, Second Avenue, Burton on Trent Staffordshire, per Ford & Warren, Westgate Point, Westgate, Leeds LS1 2AX
Premises: Gellions, Bridge Street, Inverness
Type: On and Off Sales
Variation: Variation to commence trading at 12.00noon on Sundays for on and off sales

 

In attendance: Mrs Lorna Murray, Solicitor

 

There was circulated Report No HLB-22-10 (30kb pdf) (253) by the Clerk, dated 1 November 2010.

 

The Clerk asked Mrs Murray to brief her client that the proposed Adult Entertainment conditions were those attached to another of their premises based locally (the Chieftain Hotel) and it was the Board’s stance that these should be generic where Adult Entertainment was a proposed activity.

 

The Board DEFERRED consideration of the application to a meeting to be held on 8 February 2011, pending further discussion concerning the placing of  Conditions applicable to the premises licence for the conduct of Adult Entertainment.

 

8.4
Ref:
INBS/313
Applicant: Greene King Brewing & Retailing Ltd, Atrium House, 6 Back Walk, Stirling,  FK8 2QA, per Belhaven Pubs (agent)
Premises: Jacko’s, 44 Harbour Street, Nairn
Type: On and Off Sales
Variation: Variation to commencement for on/off sales on Sunday to 11am.
Variation to terminal hour for on sales on Thursday, Friday, & Saturday to 01.00am

 

There was circulated Report No HLB-23-10 (27kb pdf) (313) by the Clerk, dated 27 October 2010.

 

There was circulated Report No. HLB-24-10 (18kb pdf) (313) by the LSO, dated 16 November 2010.

 

The following letters had been circulated:
Letter of objection received from Miss K Young dated 29 October 2010
Letter of objection received from Mr P & Ms E Taylor, dated 30 October 2010
Letter of objection received from Mrs M Bain, dated 3 November 2010
Letter of objection received from Ms E MacPhail, dated 11 November 2010
Letter of objection received from J Kuklinski, dated 16 November 2010
Letter dated 11 November 2010 from the Chief Inspector

 

In order to resolve any issues with the Premises Licence, at the request of the applicant, the Board NOTED that the application had been WITHDRAWN.

 

8.5
Ref
: RSL/R/0596
Applicant: Felicity E. Brain, Na Mara Restaurant, Strath, Gairloch, IV21 2BZ
Premises: Na Mara Restaurant, Strath, Gairloch
Type: On Sales
Variation: (i) Removal of specific condition relating to consumption of alcohol along with a meal; (ii) Revision to opening and terminal hours i.e. Monday to Saturday 11.00am to 12.00am; Sunday 12.00 noon to 12.00am;   (ii) Removal of Seasonal variation; (iii) Changes to activities;   (iv) Amendment to terms of entry for Children and young persons i.e. increasing from 9.00pm to 10.00pm and accompanied by an adult;   (v) Amendment to capacity from 40 to 46 persons.
Date of Application: 9 September 2010

 

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

 

The Board GRANTED the application for Variation of Premises Licence as sought.

 

8.6
Ref:
RSL/R/0734
Applicant: Abertay Services Ltd., 19 Bannoch Rise, Broughty Ferry, Dundge
Premises: West End Filling Station, Strathpeffer Road, Dingwall, IV15 9QF
Variation: (i) Increase alcohol capacity display area from 28.44m²  to 34.88m²
Type: Off Sales
Date of Application: 18 October 2010

 

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

 

The Board GRANTED the application for Variation to Premises Licence as sought.

 

8.7
Ref
: RSL/L/0730
Applicant: Whitbread Restaurants Limited, Whitbread Court, Houghton Hall Office Park, Porz Avenue, Dunstable, LU5 5XA
Premises: Loch Iall Brewers Fayre & Premier Travel Inn, An Aird, Fort William
Variation: (i) increase in on-sales capacity from 120 persons to 186 persons (ii) inclusion of Premier Inn within description of premises (iii) inclusion of accommodation within operating plan (iv) removal of reference to plastic cups on layout plan, with glassware being prohibited from the external play area identified on the layout plan at any time that it is in operation as a play area (v) revision to children’s policy (vi) revision to outdoor drinking
Type: On and Off-Sales
Date of Application: 6 September 2010

 

Noting that the publication of this application closed on 29 November 2010, the Board GRANTED the Variation to Premises Licence as sought.

 

9. Application for Minor Variation: Substitution of Premises Manager

 

The following Item was taken in Private

 

9.1
Ref:
HC/INBS/PERS/09/889
Applicant: Lorraine Ann Jamieson Farry
Premises: The Keg, 30-32 Baron Taylors Street, Inverness

 

In attendance: Mrs Lorna Murray Solicitor. Ms Lorraine Ann Jamieson Farry

 

Letter of Notice of Convictions from Chief Constable dated 27 October 2010.

The Board NOTED the Notice of Convictions from the Chief Constable and GRANTED the application for Substitution of Premises Manager.

 

10. The Gambling Act 2005
Application for Club Gaming Machine Permit

 

10.1
Ref:
INBS 295
Applicant: The British Legion Club (Inverness) Ltd. 10 Huntly Street, Inverness
Premises: British Legion Club (Inverness) Ltd, 10 Huntly Street, Inverness IV3 5PR
Application: 2 no. B4 machines.

 

The Clerk spoke to this Item.  He confirmed that, with the Board’s agreement, grant of Club Gaming Machine Permits would be delegated to the Clerk and he would amend the Gambling Scheme of Delegation accordingly.

 

The Board AGREED to GRANT the application before it, and further AGREED that grant of Club Gaming Machine Permits would be delegated to the Clerk who would amend the Gambling Scheme of Delegation accordingly.

 

11. Review Hearing

 

11.1
Ref:
INBS 459
Applicant: Punch Taverns (Inns) Limited, Jubilee House, Second Avenue, Burton on Trent, Staffordshire, DE14 2WF and James Dick.
Premises: The Jolly Drover, 1 Kintail Crescent, Inverness
Type: On and Off Sales

 

In attendance: Mrs Lorna Murray, Solicitor

 

There was circulated Report No. HLB-25-10 (16kb pdf) (459) by the Clerk, dated 21 October 2010.

 

There was circulated Report No. HLB-26-10 (16kb pdf) (459) by the LSO, dated 1 November 2010.

 

A letter from Chief Constable dated 18 October 2010 had been circulated.

 

Mr Corbett confirmed the Member’s agreement to hold a Review Hearing.

 

Mrs Murray spoke to the item.  She confirmed that her client’s representative, the Business Manager for Punch Taverns had been unable to attend the meeting because of adverse weather conditions.  She confirmed that the premises was currently closed and had been made safe and secure.  She requested that the application for Review Hearing be deferred by the Board.

 

The Clerk expressed his disappointment at the absence of any representative from the Licence Holder. He confirmed that it was the responsibility of the Regional Manager for Punch Taverns to attend any review hearing.

 

The Convener stated that he was unhappy about the matters at the Jolly Drover and he was aware that its standards were very low.  He agreed that the holder of the licence, Punch Taverns, should be in attendance at the meeting.

 

Mrs Murray agreed to convey this message back to her client.

 

On this basis the Board AGREED to DEFER the Hearing to a future meeting of the Board to be held on 8 February 2011.

 

The meeting concluded at 3.30 pm