Minute of the meeting of the Highland Licensing board held in the Council Chamber, Headquarters, Glenurquhart Road, Inverness, on Tuesday 14th June 2011.
Business
Present:
Mrs M Paterson (Convener)
Mr P Corbett
Mr A Henderson
Mr R Greene
Ms G Sinclair
Mr D Flear
Mr R Pedersen
In Attendance:
Donald Somerville, Clerk of the Licensing Board
Ian Cox, Licensing Standards Officer, Inverness Nairn and Badenoch and Strathspey
Elizabeth Treasurer, Licensing Standards Officer, Ross Skye and Lochaber
David Inglis, Licensing Standards Officer, Caithness Sutherland and Easter Ross
Inspector James Neil, Northern Constabulary
Inspector James Williamson, Northern Constabulary
Wendy Grosvenor Licensing Assistant
Carol Maragh Administrative Assistant
Also in Attendance:
Item 5.1 June Mackay the applicant and Mrs Lorna Murray, Solicitor
Item 5.1 Mrs J Eyles (objector), Mr F Parr
Item 6.1 Mr Imran Rafique, applicant.
Item 6.1 Mr Mooney and Ms B MacDonald (objectors)
Item 7.1 Mr P Devall the applicant
Item 7.2 Mr Craig Macleod the applicant and Mrs Lorna Murray Solicitor
Item 7.2 Gillian Stewart, Cathy Wood and Roddy Wood (Objectors)
Item 7.5 Ms Shona Watson the applicant.
Item 8.1 Mr R Wilson and his father, Mr Wilson
Item 8.2 Ms Caroline MacDonald
Item 10.1 Mr John Steel
(Convener – Mrs Margaret Paterson)
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 Peter Corbett declared a financial interest in Item 6.1 and declared that he would take no part in the decision nor the voting process for this item.
1. Apologies for Absence
Mr Drew Millar, Ms Glynis Sinclair, Mr D Flear
2. Confirmation of Minutes
There was submitted for confirmation as a correct record as follows: Minute of Meeting of the Highland Licensing Board held on 10 May 2011.
The Board AGREED to adopt as a correct record the Minutes of the Highland Licensing Board held on 10 May 2011.
3. Licensing (Scotland) Act 2005
Licences granted under Delegated Powers
There was circulated Report No HLB-073-11 (22kb pdf) detailing Licences which had been granted under delegated powers by the Clerk to the Board during the period 27 April 2011 to 31 May 2011 and invited the Board to note the Report.
The Board NOTED Report No. HLB073/11.
4. Licensing (Scotland) Act 2005
Occasional Licences and Extended Hours Granted under Delegated Powers
There was circulated Report No HLB-074-11 (36kb pdf) detailing Occasional Licences and Extended Hours Applications which had been granted under delegated powers by the Clerk to the Board during the period 27 April 2011 to 31 May 2011 and invited the Board to note the Report.
The Board NOTED Report No. HLB074/11
5 Licensing (Scotland) Act 2005
Application for Full Premises Licence
5.1
Ref: INBS 516
On and Off Sales
Premises: Rosedene House, 2 Drummond Crescent, Inverness IV2 4WQ
Applicant: The Partnership of Rosedene Bistro, 2 Drummond Crescent, Inverness
There was circulated Report No HLB-075-11 (36kb pdf) by the Clerk, dated 23 May 2011
The Board noted that a letter of representation had been received from Mrs J Eyles and which had been circulated. Mrs Eyles was present to speak to her objection.
Mrs Murray was invited to speak to her client’s application. She confirmed that the application was for a day-time only operation of a beauty clinic with dining facilities. She noted that the objection had only been received in connection with the outside drinking part of the application. She stated that her client was agreeable to screening the outside drinking area.
Mr Ian Cox, Licensing Standards Officer (LSO) spoke to his Report. He confirmed that Mrs Eyles had concerns for her privacy with the introduction of an outdoor dining area next door to her property. She had forwarded a letter from her Doctor concerning the effect this had had on her health. He confirmed that there were no issues in respect of the Licensing Objectives. He stated that Councillor Parr had been invited to discussions and it had been generally considered that screening of the outdoor area to be a good compromise.
Mrs Eyles was invited to speak to her objection. She confirmed her privacy issues and the possible loss of value to her property as a consequence of the proposed outdoor dining area.
After consideration the Board AGREED to GRANT the application for Full Premises Licence, with the plan amended to show a 2 metre high trellis fence along the patio area, screening the outdoor dining area, and subject to Mandatory Conditions. No Local Conditions were applied.
Application for Provisional Premises Licence
5.2
Ref: RSL/R/1574
On and Off Sales
Premises: Grant’s, 50 High Street, Dingwall, IV15 9HL
Applicant: Patricia Grant c/o Grant’s, 50 High Street, Dingwall
There was circulated Report No HLB-076-11 (17kb pdf) by the Clerk, dated 24 May 2011
The Board GRANTED the application for Provisional Premises Licence, subject to Mandatory Conditions. No Local Conditions were applied.
Mr Peter Corbett, having declared his financial interest in Item 6.1, left the meeting.
6. Licensing (Scotland) Act 2005
Applications for New Premises Licences
6.1
Ref: INBS 517
Off Sales
Premises: Merkinch Store and Post Office, 1-3 Lochalsh Road, Inverness IV3 8HU
Applicant: Imran Rafique, [text removed from web version in compliance with Data Protection Act 1998]
The following papers were circulated to the Board Members:
A copy of Report No HLB-077-11 (871kb pdf) by the Clerk, dated 30 May 2011.
A copy of a letter and petition from the application dated 12 June 2011 .
A letter of objection from Mr J Mooney and Brenda MacDonald dated 27 May 2011.
The applicant, Mr Imran Rafique was present.
Objectors, Mr Mooney and Ms B MacDonald were present.
The Clerk spoke to his report. For Members’ information he stated that, in terms of ‘over provision’ the draft Over Provision Policy Statement had established the premises locality as that of Merkinch. He also confirmed that the draft policy statement also denoted premises by description, ie off sales.
Mr Rafique was invited to speak to his application. He stated that his premises was licensed to sell alcohol under the 1976 Act, and it was not as such, a ‘new’ application. He stated that he had found that he needed the alcohol sales to maintain and support his general business.
There were no Members’ questions.
Mr Mooney (objector) declined to speak.
Mr I Cox, (LSO) spoke to his report, noting that the license had been previously held and his recommendation for use of CCTV to be conditioned upon any grant.
MR R Pedersen stated that he supported the application.
The Board AGREED to GRANT the application, subject to Mandatory Conditions and the following Local Condition: 1 Any alcohol display and point of sale will be under the coverage of a CCTV system approved by the Chief Constable during shop trading hours.
Mr Peter Corbett returned to the meeting.
6.2
Ref: INBS 515
On and Off Sales
Premises: Nairn Tandoori, 61 High Street, Nairn IV12 4BW
Applicant: Taleb Hussain, [text removed from web version in compliance with Data Protection Act 1998]
There was circulated Report No HLB-078-11 (17kb pdf) by the Clerk, dated 20 May 2011.
The Board GRANTED the application, subject to Mandatory Conditions and Local Condition 5/1 contained within Report No HLB078/11.
6.3
Ref: RSL/R/1576
On Sales
Premises: M.V. Cromarty Queen, Cromarty Harbour, Cromarty
Applicant: Cromarty Ferry Company Ltd., Udale Farm, Poyntzfield, by Dingwall
There was circulated Report No HLB-079-11 (17kb pdf) by the Clerk, dated 17 May 2011
The Board GRANTED the application, subject to Mandatory Conditions.
7. Licensing (Scotland) Act 2005
Applications for Variation (Major) to Premises Licences
7.1
Ref: INBS 278
On Sales
Premises: Craigmonie Hotel, 9 Annfield Road, Inverness, IV2 3HX
Applicant: Craigmonie Hotel and Leisure Limited, 8 Annfield Road, Inverness IV2 3HX
Variation: Variation to on sales on Saturday to terminate at 1.00 am and for on sales to commence at 12.00 noon on Sunday.
Five additional bedrooms had been created which giave the potential to increase the capacity from 470 to 485 persons.
There was circulated Report No HLB-080-11 (28kb pdf) by the Clerk dated 19 May 2011.
Three letters of representation had been circulated to the Members:
RG & CR Wood dated 3 June 2011
Iris A & Gillian Stewart dated 1 June 2011
Anthony and Alison Waite dated 3 June 2011
Mr P Devall the applicant was present.
Ms G Stewart, Ms C Wood and Mr R Wood (Objectors) were present.
The Board NOTED that the applicant had withdrawn part of the variation applied for (‘on-sales on Saturday to terminate at 1.00am’) and requested that the Board consider a variation as follows:
On sales to commence from 12.00 noon on Sunday
Capacity increase to 485 persons
The Objectors present accepted the revision.
The Board AGREED to GRANT the revised variation for On-sales to commence from 12.00 noon on Sunday and capacity increase to 485 persons, subject to Mandatory Conditions and revised Local Conditions (1,2,3) contained within Report HLB/080/11.
7.2
Ref INBS 04
On and Off Sales
Premises: Innes Bar, 61 Innes Street, Inverness IV1 1NR
Applicant: Partnership of Colin and Sheena MacFadyen, 61 Innes Street, Inverness IV1 1NR
Variation: To vary core on sale hours Monday to Saturday to terminate at 01.00 am and Sunday on sales to commence at 12.00 noon and terminate at 12.00 midnight.
Also to vary core off sale hours on Sunday to commence at 12.00noon in line with on sales hours.
To increase the time children and young persons are to be permitted access to the premises. The hours for children to be permitted on the premises are to increase to 9.00 pm and for young persons, 10.00 pm. The terms and areas of the premises to which children and young persons are to be permitted access to the premises are not to change and it is to remain that children and young persons must be accompanied by an adult for the purposes of taking a meal only which will include reference to outdoor drinking facilities.
The following documents had been circulated to the meeting:
Report No HLB-081-11 (134kb pdf) by the Clerk dated 3 May 2011.
Copy of letter of objection dated 20 May 2011 from Mrs M Munro.
Copy of letter of objection dated 20 May 2011 from Mr & Mrs T Munro.
Report dated 1 June 2011 from Karen Johnstone HC Environmental Health Officer
The applicant, Craig Macleod was present and represented by Mrs Lorna Murray.
There were no objectors present.
Mrs Murray spoke to her client’s application. She stated that objections had been received concerning noise and the external drinking area – not to the variation itself. Her client would be happy to accept the recommendations made by the Licensing Standards Officer and the Environmental Health Officer. She confirmed that there would be no entertainment in the outside area. She requested that the use of the duke box be available after 11pm but otherwise accepted the noise restriction in the LSO’s report. She confirmed that the outside area was not used for smoking after 9.00pm and would be locked after this time.
After consideration the Board AGREED to GRANT the application as follows but subject to Mandatory Conditions and existing Local Conditions:
Subject to:
Outside Drinking Area
1. The playing of amplified music, musical instruments or use of other sound producing devices should be prohibited within the proposed beer garden.
2. The applicant to devise a noise management plan for the proposed beer garden to ensure that any shouting, singing or any other potential rowdy behaviour is suitably controlled.
3. After 9.00pm (or other such time as may be specified by the Licensing Board) alcoholic or non-alcoholic drinks shall not be consumed in an outdoor drinking area.
4. The playing of any live or recorded music to cease by 11.30pm with the exception of the Juke Box.
5 Children under the age of 16 are excluded from any room where there is a bar counter after 10.00 pm except during private functions or for the purpose of viewing live entertainment or where the child is in the room for the purpose of taking a meal. This condition does not apply to any child who is in the bar solely for the purpose of passing to or from some other part of the premises being a part to or from which there is no other convenient means of access or egress.
6. Whilst in any room with a bar counter all children must be in the company of, or supervised by an appropriate responsible adult. This condition does not apply to children of the licence holder or children who are resident on the premises when not in the bar area’s.
7. Notwithstanding conditions (5) and (6) children must not sit or remain at the bar counter at any time.
7.3
Ref: HC/CSER/0740
Off Sales
Premises: Balintore Post Office and Stores, 8 Main Street, Balintore
Applicant: John Murray
Variation: Change off-sales hours to 10 am to 10 pm daily, Monday to Sundays; amend layout and increase off-sales capacity to 37.5 square metres; change name of premises to “Nisa Local”.
There was circulated Report No HLB-082-11 (27kb pdf) by the Clerk dated 24 May 2011.
The Board GRANTED the application as sought, subject to Mandatory Conditions. No Local Conditions to apply.
7.4
Ref: HC/CSER/0912
Type: On and Off Sales
Premises: Commercial Hotel, 23 High Street, Alness
Applicant: Graeme L Robertson
Variation: Change on-sales hours on Saturdays to 11am to 1am the following day and on Sundays to 12.30 pm to 12 midnight; add gaming as an activity during core hours and include fundraising and charity events and quiz nights as additional activities.
There was circulated Report No HLB-083-11 (27kb pdf) by the Clerk dated 15 May 2011
The Board GRANTED the application as sought, subject to Mandatory Conditions and subject to the removal of existing Local Conditions from the Licence and substitution of Local Conditions a, b, c, g (9pm) and j, contained within the Premises Schedule of Local Conditions.
7.5
Ref: HC/CSER/0722
Type: On Sales
Premises: Commercial Inn, 11 Main Street, Balintore
Applicant: Shona Watson
Variation: Change the on-sales hours on Mondays to Saturdays to 11 am to 1 am the following day and on Sundays to 12 noon to 12 midnight; make alterations to layout plan to provide public bar, snug, lounge bar, kitchen facilities and increase in size and location of outdoor drinking area; additions to entertainment and activities; increase of capacity to 113; change to local condition to allow use of outdoor drinking area to 10 pm; change to description of premises.
There was circulated Report No HLB-084-11 (31kb pdf) by the Clerk dated 24 May 2011.
Ms Shona Watson, the applicant, was present at the meeting.
The Board AGREED to GRANT the application as sought, subject to Mandatory Conditions and subject to the removal of all existing Local Conditions, and to substitute Conditions (a), (b) – Amended: Whilst in any room with a bar counter all children must be in the company of or supervised by an appropriate, responsible adult. This condition does not apply to children aged between 13 and 15 years while on the premises solely to purchase a takeaway meal prior to 7pm or to children of the licence holder or children who are resident on the premises when not in the bar areas, (c), (e), (g) – 10pm or earlier time as the Board may decide, and (j).
7.6
Ref: HC/CSER/0257
Type: Off Sales
Premises: Lochinver Stores, 10 Main Street, Lochinver
Applicant: Assynt 2010 Ltd
Variation: Change off-sales hours on Sundays to 10 am to 6.30 pm and amend seasonal variation
There was circulated Report No HLB-085-11 (26kb pdf) by the Clerk dated 25 May 2011.
The Board GRANTED the application as sought. Mandatory Conditions and existing Local Conditions apply.
7.7
Ref – RSL/S/0165
Type – On Sales and Off Sales
Premises – Cuchulainns, Kyle of Lochalsh
Applicant – Challenger Inns Limited
Variation – (i) Revision to layout plan; (ii) Revision to description of premises;
(iii) Revision to terminal On Sales Hour on Saturday from 12.30 am to 1.00 am
(iv) Revision to Sunday commencement of On Sales hour from 12.30 pm to 12 Noon and terminal hour from 11.00 pm to 12 Midnight; (v) Revision to commencement Off Sales Hour on Sunday from 12.30 pm to 12 Noon; (vi) Revision to Children and Young Persons policy; (vii) Decrease On Sales capacity from 260 to 158; (viii) Seasonal Variation – Christmas and New Year extended hours
Date of Application – 30 March 2010
Note: No objections or representations had been received in respect of this application.
The Board GRANTED the application as sought subject to Mandatory Conditions. Existing Local Conditions to apply.
The following applications 8.1, 8.2 , 8.3, 9 and 10.1 were heard in Private and the webcast was discontinued.
8. Licensing (Scotland) Act 2005
Application for Personal Licence – Section 74
8.1
Applicant: Ross Wilson (DOB 18-07-1981), Solas, Golf Course Road, Fort Augustus, PH32 4BY.
There was circulated to Members only, a copy of a letter dated 22 April 2011 from the Chief Constable.
A letter from Mr R Wilson dated 25 May 2011 was circulated to Members.
The applicant Mr R Wilson was present, with his Father, Mr Ross.
Inspector J Neil spoke to his submission dated 22 April 2011.
[text removed from web version in compliance with Data Protection Act 1998]
After consideration the Board GRANTED the application for Personal Licence
8.2
Applicant: Caroline MacDonald (DOB 13/02/1956) 3 Coastguard Station, Cromarty, IV11 8YL
There was circulated Report No HLB/086/11 by the Clerk, dated 17 May 2011.
Ms Caroline MacDonald was present at the meeting.
The Board noted that the Police had withdrawn their objection (letter dated 16 May 2011)
The Board GRANTED the application for Personal Licence
8.3
Ref: HC2217
Licence-holder: Graham John Mackay
There is re-circulated Report No HLB/070/11 by the Clerk dated 12 April 2011 inviting the Board to consider a letter under Section 83 of the Act which has been received from the Northern Constabulary in relation to a recent conviction obtained by the Personal Licence-holder. A copy of representations by the applicant’s solicitors was attached.
The application had been deferred from the Meeting held on 10 May 2011 to allow Mr Mackay the opportunity to attend a further meeting.
Note: The Licence-holder and a representative from the Northern Constabulary have been invited to attend.
Mr Mackay the applicant was not present at the meeting. The Board AGREED to REVOKE the Personal Licence.
9. Licensing (Scotland) Act 2005
Premises Licence Review Proposal(s) under Section 37
Members were invited to consider premises licence review proposals in respect of the following holder of a premises licence:
a) JD Wetherspoon plc
The Board NOTED the Notice under Section 37
10. Licensing (Scotland) Act 2005
Personal Licence - Hearings – Section 83
10.1
Ref:HC/RSL/L/1811
Licence-holder: John Steel
There was circulated Report No HLB/087/11 by the Clerk dated 26 May 2011.
Note: The Licence-holder and a Police representative had been invited to attend.
Mr J Steel was in attendance.
The Board AGREED to take no further action.
The following items were heard in public and the webcast was resumed
11. The Alcohol etc (Scotland) Act 2010
Occasional Licence and Extended Hours Applications outwith policy hours
S67 General Extensions document detailing ‘Restaurant’ type premises for Inverness and Nairn was circulated to Members, together with a brief report on Occasional Licences and Extended Hours, by the Clerk.
Members NOTED the content of the documents and that this information would be forwarded to the Northern Constabulary and placed upon the Highland Council’s website. Members FURTHER AGREED to delegate grant to the Clerk for applications for Occasional Licences and Extended Hours for the premises itemised on the list submitted to them and in respect of the Scottish Open Week in July 2011.
Additional Item:
Members agreed to consider a further item:
Application for Occasional Licence
Jill Margaret Clark for Mains of Connage, Ardersier, Inverness
Cheese and Wine Tasting 4th July – 16 July 2011
The Board Delegated GRANT of the licence to the Clerk.
Mr P Corbett, for the Members, gave a vote of thanks and appreciation to the Clerk to the Board Mr D Somerville, for all his help and advice over the years. The Clerk responded suitably.
The meeting concluded at 3.30 pm