Minute of the meeting of The Highland Licensing Board, held in the Council Chamber, Headquarters, Glenurquhart Road, Inverness on Tuesday 8 February 2011 at 02.00pm.
Present:
Mrs M Paterson
Mr A Rhind
Mr A Henderson
Mr R Greene
Mr R Pedersen
Mr D Millar
Ms G Sinclair
In attendance:
Donald Somerville, Clerk to the Licensing Board
Ian Cox, Licensing Standards Officer
Inspector Blair Marquis, Northern Constabulary
Inspector Tom Ogilvie, Northern Constabulary
James Williamson, Northern Constabulary
Wendy Grosvenor, Licensing Assistant
Also In Attendance:
Items 8.3, Mrs L Murray Solicitor, Lorraine Davidson Premises Manager
Items 6.1, 12, Mrs L Murray
Item 13 Mrs L Murray, and Reg. Manager Punch Taverns Jim McDougall
Declarations of Interest: None
1. Apologies for Absence
Mr G Rimell, Mr D Flear, Mr P Corbett
2. Confirmation of Minutes
There were submitted for confirmation as a correct record the Minutes of Meeting of the Highland Licensing Board held on:
(a) 23rd November 2010
(b) 30th November 2010
(c) 12th January 2011
The Board AGREED to adopt as a correct record the Minutes of the Highland Licensing Board held on:
(a) 23rd November 2010
(b) 30th November 2010
(c) 12th January 2011
The Licensing (Scotland) Act 2005
3. Licences granted under Delegated Powers
There was circulated Report No HLB-004-11 (30kb pdf) detailing Licences which had been granted under delegated powers by the Clerk to the Board during the period 16 November 2010 to 24 January 2011 and which invited the Committee to note the Report.
The Board NOTED Report No. HLB-004-11.
4. Occasional Licences and Extended Hours Granted Under Delegated Powers
There was circulated Report No HLB-005-11 (45kb pdf) detailing Occasional Licences and Extended Hours Applications which had been granted under delegated powers by the Clerk to the Board during the period 16 November 2010 to 24 January 2011 and which invited the Committee to note the Report.
The Board NOTED Report No. HLB-005-11
Licensing (Scotland) Act 2005
5. Surrender of Premises Licence - Section 28(6)(b)
5.1
Ref: RSL/L/0124
Applicant: Partnership of Mary E Black and Kirstie N Black
Premises: Cuilcheanna House, Onich, Fort William
Type: On Sales
Note: The Premises Licence has been surrendered in terms of Section 28(6)(b) of the Licensing (Scotland) Act 2005.
The Board NOTED the surrender of licence RSL/L/0124.
5.2
Ref: RSL/R/1176
Applicant: Christopher J Slater and Ethel F Slater
Premises: Achilty Hotel, Contin, by Strathpeffer, IV14 9EG
Type: On Sales
Note: The Premises Licence has been surrendered in terms of Section 28(6)(b) of the Licensing (Scotland) Act 2005.
The Board NOTED the surrender of licence RSL/R/1176.
5.3
Ref. HC/CSER/1478
Applicant: Wick Town and County Club
Premises: Wick Town and County Club, 18 Wares Lane, Wick
Type: On Sales
Note: The Premises Licence has been surrendered in terms of Section 28(6)(b) of the Licensing (Scotland) Act 2005.
The Board NOTED the surrender of Licence HC/CSER/1478.
6. Applications for Provisional Premises Licence
6.1
Ref: INBS 509
Off Sales
Premises: Iceland, Unit 3 B, Rose Street, Inverness IV1 1NQ
Applicant: Iceland Foods Ltd, Second Avenue, Deeside Industrial Park, Deeside, Flintshire, per Masson and Glennie, Solicitors, Broad House, Broad Street, Peterhead, AB42 1HY
There was circulated Report No HLB-006-11 (11kb pdf) (509) by the Clerk, dated 15 December 2010. Letter of Notice of Convictions dated 20 December 2010 by the Chief Inspector.
The Board GRANTED the Provisional Premises Licence. No Local Conditions were applied.
7. Applications for New Premises Licence
7.1
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
Deferred from Nov 2010
There was re-circulated Report No HLB-007-11 (13kb pdf) (1563) by the Clerk dated 10 November 2010.
The Board GRANTED the Premises Licence subject to Local Conditions Nos. 9,.10,11,12,14,17 and 19 contained within Report No. HLB/007/11 (1563) dated 10 November 2010.
7.2
Ref: RSL/S/1564
Applicant: The Wilson Family Stores
Premises: Kyle Post Office and Mini Market, Station Road, Kyle of Lochalsh
Type: Off Sales
There was circulated Report No HLB-008-11 (16kb pdf) by the Clerk dated 24 January 2011. The publication of this application closed on 3 February 2011 and the Clerk provides a verbal update.
The Board GRANTED the Premises Licence. No additional Local Conditions were applied.
8. Applications for Variation (Major) to Premises Licence
8.1
Ref: INBS/253
On and Off Sales
Premises: Gellions, Bridge Street, Inverness IV1 1HD – deferred from Nov 2010
Applicant: Punch Taverns (Inns) Ltd, Jubilee House, Second Avenue, Burton on Trent, Staffordshire, per Ford and Warren Solicitors, Westgate Point, Westgate, Leeds LS1 2AX
Variation: Variation to commence trading at 12.00 noon on Sundays for on and off sales.
There was re- circulated Report No HLB/009/11 (253) by the Clerk, dated 1 November 2010.
The Board NOTED that the application had been WITHDRAWN by the applicant, and was therefore not considered.
8.2
Ref:INBS/41
Off Sales
Premises: Greig Street Stores, 19 Greig Street, Inverness IV3 5PT
Applicant: Mohammad Riaz Butt, Greig Street, Stores, 19 Greig Street, Inverness.
Variation: Vary opening off sales hours to commence at 10.00am on Sundays and increase the capacity of alcohol for sale from 1.6 -6.93 cubic metres
There was circulated Report No HLB-010-11 (26kb pdf) (41) by the Clerk dated 19 November 2010.
The Board GRANTED the Variation as sought. No additional Local Conditions were applied.
8.3
Ref INBS/288
Off Sales
Premises: Cooperative Food Store, 7 High Street, Beauly, IV4 7BY
Applicant: Cooperative Group Food Ltd, per Tho & J Barty, [text removed from web version in compliance with Data Protection Act 1998].
Variation: to increase alcohol display area from 26.24 to 32.215 cubic metres.
There was circulated Report No HLB-011-11 (27kb pdf) (288) by the Clerk, dated 7 January 2011. A revised report (HLB/015/11) by the Clerk, was also circulated to the meeting.
The applicant’s representative, Mrs Lorna Murray was present together with the Premises Manager, Lorraine Davidson. Mrs Murray spoke in support of the application.
It was noted that an objection and photographs had been received dated 25 January 2011, from Mr N A Cameron and circulated, but that the objector was not present at the meeting. An email from the Council’s Environmental Health Officer, dated 7 February 2011 was also circulated.
Mrs Murray confirmed, in response to the objection, that since conversion of the premises licence the company had made a firm undertaking not to accept any daily deliveries of groceries or goods (apart from newspapers) before 7 am in the morning, and a log was being kept of the times of the deliveries. She confirmed that the variation covered a refurbishment of the premises which included a new refridgeration unit and fan extraction system and that this would improve noise levels. With reference to the photographs which had been circulated as part of the objection, she believed that these may have been taken some time prior, since the bins now used were locked bins and there was a daily litter pick by trained staff.
Mr A Rhind stated that he felt that this was not simply a localised problem, and that it appeared to him to be a national problem for the Cooperative Group. He felt that large Companies also had a duty to the environment in which they operated.
Ian Cox, Licensing Standards Officer spoke to his report, confirming that he had invited the Board to consider conditioning the daily litter pick up.
After discussion, the Board agreed to GRANT the variation, as sought, subject :
a) to an Additional Local Condition that no grocery or goods should be delivered before 7am, with the exception of newspapers, to the premises; and,
b) an Additional Local Condition that a daily litter pick will be undertaken to ensure that all litter within the immediate environs of the rear of the premises is collected and placed in a refuse bin.
8.4
Ref: INBS/420
On Sales
Premises: Strathspey Hotel, 70 High Street, Grantown on Spey PH26 3WL
Applicant: RTD Thistle Ltd c/o Lorna Murray, Solicitor, [text removed from web version in compliance with Data Protection Act 1998].
Variation: Change of capacity from 75 to 67 cubic metres
Demolition of flat roof extension.
Erection of new single storey extension to the exposed gable end of the hotel to replace the existing raised bar seating area at ground floor and to increase the size of the male WC.
Upgrading the stair to create a protected zone for Building Regulation purposes. Removal of stair leading to extension at first floor level, replaced by a new store.
There was circulated Report No HLB-012-11 (21kb pdf) (420) by the Clerk, dated 29 November 2010.
After consideration, the Board GRANTED the application, as sought. No additional Local Conditions were applied.
8.5
Ref INBS/310
On Sales
Premises: Urquhart’s (Formerly Casa Italia), 2 Young Street, Inverness IV3 5BR
Applicant: Thomas Tracey, [text removed from web version in compliance with Data Protection Act 1998].
Variation: Variation to commence on sales at 12.00noon on Sundays and terminate on sales at 23.45 on Fridays and Saturdays.
There was circulated Report No HLB-013-11 (26kb pdf) by the Clerk, 5 January 2011.
The Board GRANTED the application, as sought. No additional Local Conditions were applied.
8.6
Applicant: Wendy MacGillivray
Premises: Acharacle Village Store, Acharacle
Type: Off-Sales
Variation:
(i) increase to terminal core trading hours from 6pm to 10pm, Monday to Saturday;
(ii) increase to terminal core trading hours from 2pm to 10pm on Sunday;
(iii) amendment to layout plan to provide additional till point at counter.
Date of Application: 5 January 2011
Note: No objections or representations have been received in respect of this application.
The Board GRANTED the application as sought.
8.7
Applicant: The Firm of Lochailort Inn per McIntyre & Company, 38 High Street, Fort William
Premises: Lochailort Inn, Lochailort, PH38 4LZ
Type: On and Off-Sales
Variation: Addition of Seasonal Variation to reduce the terminal hour from 1am to 12 midnight on Thursday, Friday and Saturday evenings during the period 1 November to 31 March.
Date of Application: 11 January 2011
Note: The publication of this application closed on 2 February 2011.
The Board GRANTED the application as sought.
8.8
Applicant: Hugh Dailly
Premises: Highland Getaway Restaurant, 28 Leven Road, Kinlochleven
Type: On Sales
Variation:
(i) Removal of Refreshment Licence Condition to allow flexibility for the servery to be used as a bar counter after 5.00 pm;
(ii) Increase to core terminal hour from 11 pm to 1.00 am, Monday to Sunday;
(iii) Increase to core opening hour from 12.30 pm to 12 noon on Sunday;
(iv) Additional activities to be provided on the premises namely (a) conference facilities eg. local hillwalking/angling/bowling club meetings (b) live performances eg. background guitar/fiddle music (c) gaming and televised sports, with pool table during off season;
(v) change to children’s policy to reflect proposed changes that bar will be used as a counter after 5.00 pm;
(vi) increase in capacity from 32 persons to 48 persons;
(vii) change to layout plan to accommodate outdoor seating area.
Date of Application: 11 January 2011
Note: The publication of this application closed on 2 February 2011.
The Board GRANTED the application as sought.
8.9
Ref: RSL/R/0555
Applicant: Mohammad Mafakkharul Islam
Premises: Dingwall 147Snooker and Pool Club, 1st Floor, Royal Hotel, High Street, Dingwall, IV15 9HL
Type: On Sales and Off Sales
Variation: Reduction of capacity to 60 persons also reduction in size of premises area
Date of Application: 5 November 2010
Note: No objections or representations had been received in respect of this application.
The Board GRANTED the application as sought.
8.10
Ref: RSL/R/0221
Applicant: The Edinburgh Woollen Mill Group Ltd., Waverley Mills, Dumfriesshire, DG13 0EB
Premises: The West Highland Woollen Company, 5 Shore Street, Ullapool, IV26 2UJ
Type: Off Sales
Variation: Reduction to Off Sales capacity and relocation of off sales display area
Date of Application: 3 December 2010
Note: No objections or representations had been received in respect of this application.
The Board GRANTED the application as sought.
8.11
Ref: HC/CSER/1415
Applicant: Invergordon Golf Club
Premises: Invergordon Golf Club, King Street, Invergordon
Type: On Sales
Variation: Change On Sales hours on Sundays to 11 am to 11 pm, 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 re-circulated Report HLB-21-10 (27kb pdf) by the Clerk, dated 15 November 2010. Application continued from meeting on 30 November 2010.
The Board GRANTED the application as sought.
8.12
Ref: HC/CSER/1408
Applicant: Alness Golf Club
Premises: Alness Golf Club, Ardross Road, Alness
Type: On Sales
Variation: Change the On Sales terminal hour on Saturdays from 11.30pm to 12 midnight
Date of Application: 29 September 2010
Note: No objections or representations had been received in respect of this application
There was circulated Report HLB-014-11 (26kb pdf) by the Clerk, dated 10 January 2011.
The Board GRANTED the application as sought.
8.13
Ref: HC/CSER/0324
Applicant: Co-operative Group Food Limited
Premises: Co-operative Group Food Limited, Main Street, Golspie
Type: Off Sales
Variation: Increase alcohol display capacity to 25.9375m2
Date of Application: 17 November 2010
Note: No objections or representations had been received in respect of this application
There was circulated Report HLB-015-11 (21kb pdf) by the Clerk, dated 12 January 2011.
The Board GRANTED the application as sought
8.14
Ref: HC/CSER/0372
Applicant: Eric Fraser
Premises: Reid Road Stores, Reid Road, Invergordon
Type: Off Sales
Variation: Increase Sunday Off Sales hours to 10am to 6pm and increase alcohol display capacity to 6.92m2
Date of Application: 14 December 2010
Note: No objections or representations had been received in respect of this application
There was circulated Report No HLB-016-11 (27kb pdf) by the Clerk, dated 10 January 2011.
The Board GRANTED the application as sought.
10. The Gambling Act 2005
Surrender of Club Gaming Machine Permit
10.1
Ref: RSL/R/1430
Applicant: Fortrose and Rosemarkie Golf Club
Premises: Fortrose Golf Club, Ness Road East, Fortrose
Type: On Sales and Off Sales
Note: The Permit has been surrendered in terms of The Club Gaming and Club Machine Permits (Scotland) Regulation 2007.
The Board NOTED the surrender of Club Gaming Machine Permit.
11. The Gambling Act 2005
Application for Club Gaming Machine Permit
11.1
Ref: RSL/R/1474
Applicant – Strathpeffer Spa Golf Club, Golf Course Road, Strathpeffer
Premises – Strathpeffer Spa Golf Club
Application – 1 No. B4 machine
The Board GRANTED the application for 1 No. B4 Machine.
12 Request for Review of Premises Licence
Non Payment of Annual Licensing Fees
There was circulated Report No HLB-017-11 (15kb pdf) on the non payment of Annual Licensing Fees by the Clerk to the Board. The Committee was asked to (1) make a review proposal or (2 hold a review hearing and if satisfied that the ground of review is established take one of the above steps outlined in paragraph 6.
The Board agreed to hold a review hearing.
Mrs Murray spoke on behalf of the licence holder for Al Raj, Nairn. She handed over to the Clerk the annual fee amounting to £187 from her client. The Clerk accepted the cheque noting that if the cheque did not clear, then the licence would be suspended.
The Board AGREED to accept the payment, noting that if the cheque was returned to drawer then the licence would be suspended forthwith.
The Board NOTED that the premises Delices de Britagne had ceased to trade and AGREED to suspend the licence pending transfer/payment of annual fee, or both.
13. Review Hearing:
The following item was considered under the Hearings Procedure and the webcast was suspended:
13.1
Ref: INBS 459
Premises: Jolly Drover, 1 Kintail Crescent, Inverness
Applicant: Punch Taverns (Inns) Ltd Jubilee House, Second Avenue, Burton on Trent, Staffordshire.
Premises Manager: James Dick, [text removed from web version in compliance with Data Protection Act 1998].
Letter from Chief Inspector dated 18 October 2010.
There was re- circulated Report No HLB-019-11 (16kb pdf) dated 21 October 2010 by the Clerk.
Mrs Murray and the Regional Manager Mr J MacDougal, of Punch Taverns were present for this Item.
Mrs Murray apologised on behalf of the Regional Manager confirming that he had not been able to attend the previous meeting due to adverse weather conditions in Edinburgh at that time. She confirmed that it would be company practice for the Regional Manager to attend such a meeting.
The Clerk advised the Board to consider the distinction of Landlord responsibility as Licence Holder and Premises Manager responsibility as Tenant, under the 2005 Act.
Inspector Blair Marquis, representing the Chief Constable, was invited to speak to his letter dated October 2010 (which had previously been circulated). He briefly outlined its content, confirming that Scottish Hydro Electric had attended an incidence of dangerous and criminal practice at the Jolly Drover. He confirmed that the premises was currently closed and the manager no longer in attendance. The Chief Constable had sought a review of the licence under the licensing objective 4(b) - securing public safety.
Mrs Lorna Murray spoke for the Licence Holder, Punch Taverns (Inns) Ltd. She confirmed that the relationship between her client, the Landlord, and the tenant had broken down in August 2010. Formal proceedings had been put into place to recover rent arrears and the statutory process to recover the premises had also been undertaken. Her client had never been aware of, nor complicit in, any of the actions taken by the premises manager. She stated that her client was aware of their responsibilities as landlords, but could not be held responsible for criminal actions undertaken by their tenant. She confirmed that a new tenant was now keen to take on the premises to enable it to re-open.
It was noted that Regional Manager visits to premises were carried out normally on a 12-weekly cycle, with telephone contact and email contact in between.
Mrs G Sinclair left the meeting at 2.50pm.
Mr D Millar proposed that a warning letter be sent to the Licence Holder and that no further action be taken by the Board.
This was seconded by Mr Greene.
Mr R Pedersen requested that 4 weekly visits be made to the premises for the first six months of re-opening. This was agreed by Punch Taverns (Inns) Ltd who further agreed to liaise closely with the LSO.
After discussion the Board AGREED, noting that a Licensing Objective had been breached, to:
a) issue a written warning to the Licence Holder.
The Hearing Procedure was concluded.
14. Application for Grant of a Personal Licence
Applicant: Niki Alan Woolley [text removed from web version in compliance with Data Protection Act 1998].
Notice of Conviction by Chief Constable, dated 26 November 2010.
The applicant had been cited to attend the meeting but was not present. Accordingly, the Board DEFERRED consideration of the application to the meeting of the Board on 5 April 2011.
The meeting concluded at 3.00pm