Minute of the meeting of the Highland Licensing Board held in the Council Chamber, Headquarters, Glenurquhart Road, Inverness, on Tuesday 22 November 2011.

 

Business

 

Present:

 

Mr P Corbett (Convener)
Mr D Millar
Mr D Flear
Mr R Pedersen
Mrs G Sinclair
Mr G Rimell

 

In Attendance:

 

Ian Cox, Licensing Standards Officer, Inverness Nairn and Badenoch and Strathspey
David Inglis, Licensing Standards Officer, Caithness Sutherland and Easter Ross
Elizabeth Treasurer, Licensing Standards Officer, Ross Skye and Lochaber
Chief Inspector James Neil, Northern Constabulary
Inspector Ramsay Aitken, Northern Constabulary
Wendy Grosvenor Licensing Assistant
Miss J Greene, Clerical Assistant

 

Also in Attendance:

 

Item 6.1 Lorna Murray Solicitor
Item 7.2 Graham Watson Macleod and MacCallum Solicitor
Item 7.3 Lorna Murray, Solicitor
Item 8.2 Lorna Murray, Solicitor with Mr MacIver and Mr McLeod
Item 8.3 Lorna Murray, Solicitor with Mr D McLeod Asst. Manager.
Item 8.4 Patricia Grant and Guy Grant
Item 8.5 Lorna Murray, Solicitor with Gavin Stevenson
Item 8.6 Lorna Murray, Solicitor with Mr J McNabb
Item 9.1 Lorna Murray, Solicitor
Item 10.1 Mr Sanjay Kumar
Item 10.2 Lorna Murray, Solicitor
Items 11.1 and 11.2  the applicants’ solicitor.
Item11.3 Craig MacLeod
Item 12.1 Eric De Venny

 

(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: 

 

No declarations were made.

 

1. Apologies for Absence

 

Mrs M Paterson, Mr R Greene.

 

2.  Confirmation of Minutes

 

There had been circulated for confirmation as a correct record the Minute of the meeting of the Highland Licensing Board held on 6 September 2011.

 

The Minute was held as read and APPROVED.

 

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

 

There was circulated Report No HLB-132-11 (22kb pdf) detailing Licences which had been granted under delegated powers by the Clerk to the Board during the period 5 October 2011 to 8 November 2011 and invited the Board to note the Report.

 

Members NOTED the report.

 

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

 

There was circulated Report No HLB-133-11 (40kb 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 2011 to 8 November 2011 and invited the Board to note the Report.

 

Members NOTED the report.

 

5. Call for Evidence on the Alcohol (Minimum Pricing) (Scotland) Bill

 

There was circulated Report No HLB-134-11 (129kb pdf) which gave the Licensing Board the opportunity to submit written evidence on the Alcohol (Minimum Pricing) (Scotland) Bill.  The Board was invited to consider whether it wished to submit written evidence and, if so, to agree what that evidence will be.

 

The Clerk recommended that the Board defer consideration to next meeting on 6 December 2011 so as to allow more time for consideration and evidence gathering.

 

The Board AGREED to DEFER consideration of the report to the meeting to be held on 6 December 2011.

 

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

 

6.1
Ref: HC/INBS/526
Applicant:
   Co-operative Group Food Limited, New Century House, Miller Street, Manchester M60 4ES, per BMK Wilson, 90 St Vincent Street,Glasgow.
Premises:  Co-operative Group Food Limited, Main Street, Newtonmore
Type: Off Sales

 

There was circulated Report No HLB-135-11 (167kb pdf) by the Clerk.  There was circulated a letter of representation from the Director of Public Health and Health Policy NHS Highland, received 31 October 2011.

 

Lorna Murray spoke to the application confirming that there was an existing Co-Operative store in the area, for which the licence would be surrendered upon the opening of the new Store, for which the new licence was sought.  On this basis, the provision in the area remained unaltered.

 

The Board GRANTED the application for provisional licence as sought, subject to Mandatory Conditions.

 

6.2
Ref: HC/CSER/1593
Applicant:
Hugh P Fullerton-Smith
Premises: Alladale Wilderness Reserve
Type: On and Off Sales

 

There was circulated Report No HLB-136-11 (17kb pdf) by the Clerk.

 

The Board GRANTED the application for provisional licence, as sought, subject to Mandatory Conditions.

 

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

 

7.1
Ref: HC/INBS/525
Applicant:
   SYHA (Trading) Ltd, 7 Glebe Crescent, Stirling FK8 2JA
Premises:  Cairngorm Lodge Youth Hostel, Glenmore, Aviemore PH22 1QY
Type: On and Off Sales

 

There was circulated Report No HLB-137-11 (17kb pdf) by the Clerk.

 

The Board GRANTED the application for Premises Licence as sought, subject to:

  • Local Conditiions (e) and (g) contained within the Schedule of Local Conditions 12/1/2011, and
  • Mandatory Conditions.

7.2
Ref: HC/INBS/
Applicant:
   Simpsons Highview Ltd, per Macleod and MacCallum, 28 Queensgate, Inverness.
Premises:  Simpsons Garden Centre, Inshes, Inverness IV2 5BA
Type: On and Off Sales

 

There was circulated Report No HLB-138-11 (18kb pdf) by the Clerk.

 

Mr G Watson was present and spoke to the application. He requested an amendment to the hours sought, to those within policy.

 

After consideration the Board GRANTED the application with hours amended as follows:  On Sales: 11am Monday to Saturday and 12 Midday Sundays, subject to Mandatory Conditions.

 

7.3
Ref: HC/CSER/1594
Applicant:
   Alexander M Harper
Premises:  Harpers, 17-19 Back Bridge Street, Wick
Type: On and Off Sales

 

There was circulated Report No HLB-139-11 (175kb pdf) by the Clerk. It was noted that a letter of objection dated 27 October 2011 had been received, and circulated,  from the Director of Public Health and Health Policy.

 

A letter of support (undated) had been received from Wick and District Darts League, and was circulated.

 

Lorna Murray spoke to the application.  She confirmed that the old licence would be surrendered following the issue of the new licence and confirmed that on this basis the provision in the area remained unaltered.

 

The Board GRANTED the application for Premises Licence as sought, subject to:

  • Local Conditions (a), (b), (c), (e), (g), (j). and (o) contained within the Schedule of Local Conditions 12/1/2011, with an additional-
  • Three Local Conditions contained at Item 6.3 of Report HLB139/11; and
  • Mandatory Conditions.
  • Surrender of existing licence.

7.4
Ref: HC/RSL/1597
Applicant:
  Angus E G MacRuary
Premises:  The Isle of Skye Emporium and Brewery Shop, The Green, Portree
Type:  Off Sales

 

There was circulated Report No HLB-140-11 (16kb pdf) by the Clerk.

 

The Board GRANTED the application for Premises Licence as sought, subject to Mandatory Conditions.

 

7.5
Ref: HC/RSL/1600
Applicant:
  SYHA (Trading) Ltd per Lindsays, 1 Royal Bank Place, Glasgow,
Premises:  Ratagan Youth Hostel, Glenshiel, Kyle, Ross-shire
Type:  On and Off Sales

 

There was circulated Report No HLB-141-11 (17kb pdf) by the Clerk.

 

The Board GRANTED the application for Premises Licence as sought, subject to:

  • Local Condition (e) contained within the Schedule of Local Conditions 12/1/2011.
  • Mandatory Conditions.

7.6
Ref: HC/RSL/1596
Applicant:
  SYHA (Trading) Ltd per Lindsays, 1 Royal Bank Place, Glasgow,
Premises:  Glen Nevis Youth Hostel, Glen Nevis, Fort William
Type:  On and Off Sales

 

There was circulated Report No HLB-142-11 (18kb pdf) by the Clerk.

 

The Board GRANTED the application for Premises Licence as sought, subject to:

  • Local Condition (e) contained within the Schedule of Local Conditions 12/1/2011.
  • Mandatory Conditions.

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

 

8.1
Ref: HC/INBS 440 
Applicant
: Premier Inn Hotels Ltd, Whitbread Court, Houghton Hall Business Park, Porz Avenue, Dunstable, per John Gaunt and Partners, Omega Court, 372-374 Cemetery Road, Sheffield.
Premises: Premier Inn, 18 Huntly Street, Inverness IV3 5PR.
Type:  On and Off Sales 

 

Variation:  

  1. Commencement of on and off sales at 12.00noon on Sundays.
  2. To amend the Operating Plan in terms of admission of non-resident children/young persons to the premises, in order to allow their entry from 06.00hrs to coincide with the commencement of the breakfast service to enable them to eat with an accompanying adult.
  3. To allow seasonal trading as described in the operating plan.
  4. Minor increase to the size of the kitchen has led to amendments to the proposed buffet counter and net reduction in restaurant area.  No variations are proposed to the first, second, third and fourth floors. 

There was circulated Report No HLB-143-11 (27kb pdf) by the Clerk.

 

The Board GRANTED the application for variation to Provisional Licence as sought, subject to:

  • Local Conditions (b) and (c) contained within the Schedule of Local Conditions 12/1/2011, and
  • Mandatory Conditions.

8.2
Ref: HC/INBS/267 
Applicant:
Eileen MacIver, [text removed from web version in compliance with Data Protection Act 1998] per Lorna Murray 45 Culduthel Road, Inverness.
Premises: Miami (formerly Bakoo), 39 High Street, Inverness IV1 1HT
Type:  On Sales 

 

Variation:  

  1. Capacity reduced by 50 (down to 775).
  2. Introduction of under 18 events.
  3. Introduction of new fixed seating.

There was circulated Report No HLB-144-11 (31kb pdf) by the Clerk.

 

A letter of objection by the Chief Inspector dated 14 November 2011 was circulated to Members.

 

Lorna Murray spoke to the application, representing, Mr McIver and Mr McLeod. She requested that further discussion concerning any review to operating hours be deferred to a future meeting of the Board.

 

LSO Ian Cox reported that conditions imposed on under 18 discos previously to other premises in the area had worked well.  He confirmed that he would produce a fuller report concerning any revision to operating hours to a future meeting of the Board.

 

Chief Inspector J Neil spoke to his letter and recommended the conditions contained in the letter be applied to any grant

 

After consideration, the Board GRANTED the application as sought, subject to:

 

Local Conditions (d), (f), (i), (k), (l), (p)
Additional Conditions 1- 6 (inc) contained at Item 7 of Report HLB/144/11 contained within the Schedule of Local Conditions 12/1/2011, and

  • Mandatory Conditions.

8.3
Ref: HC/RSL/0700 
Applicant:
Shearings Hotels Limited, Tarbet Hotel, Loch Lomond, G83 7DE per Brechin Tindal Oatts, Solicitors, 48 St Vincent Street, Glasgow
Premises:Highland Hotel, Strathpeffer
Type:  On and Off Sales

 

Variation:  

 

To on sales hours on Sundays from 1200 hours to 2300 hours
To off sales hours on Sundays from 1200 hours to 2200 hours

 

There was circulated Report No HLB-145-11 (79kb pdf) by

the Clerk.

 

Lorna Murray was present, representing the applicant, with D McLeod, Asst. Manager.

 

It was noted that a letter of objection dated 31st October 2011 had been received and circulated, from Mr M Walker.

 

No objections had been received from the Police.

 

After consideration the Board GRANTED the application for variation to licence as sought, subject to:

 

Local Conditions (a), (b) and (c) contained within the Schedule of Local Conditions 12/1/2011, and
Mandatory Conditions 

 

8.4
Ref: HC/RSL/1569 
Applicant:
Patricia Grant, c/o Grant’s, 50 High Street, Dingwall, IV15 9HL
Premises: Grant’s, 50 High Street, Dingwall
Type:  On and Off Sales 

 

Variation:  

 

To on sales terminal hour until 0100 hours on Mondays to Saturdays and 0000 hours on Sundays.

 

To off sales terminal hour on Mondays to Sundays until 2200 hours

 

Vary terms of entry for children and young persons

 

There is circulated Report No HLB-146-11 (371kb pdf) by the Clerk.

 

It was noted that a letter of representation had been received on 1st November 2011 from the Director of Public Health and Health Policy, NHS Highland.

 

The applicant Ms P Grant and Mr G Grant were present.

 

Mr Grant spoke to the application, confirming that the premises operated as a restaurant.

 

The LSO Ian Cox confirmed that this was a food-led operation, with a small off-sales delicatessen and no alcohol wall display.

 

The Board GRANTED the application for variation as sought, subject to:
Local Conditions (a), (b). (c) and
Mandatory Conditions

 

8.5
Ref: HC/CSER/0551 
Applicant
: Punch Partnership Limited
Premises: Eagle Hotel, Castle Street, Dornoch
Type: On and Off Sales

 

Variation:  

  1. Change on-sales hours on Saturdays to 1100 hrs to 0100 hrs the following day and on Sundays to 1100 hrs to 2400 hrs
  2. Change off-sales hours on Sundays to 1100 hrs to 2200 hrs

There is circulated Report No HLB-147-11 (379kb pdf) by the Clerk.

 

Lorna Murray was in attendance with Gavin Stevenson

 

It was noted that letter of objection dated 14 September 2011, submitted by the Acting Inspector had been withdrawn.

 

Lorna Murray spoke to the application and confirmed that her client wished to amend the operating hours for both on and off sales to 12 Midday on Sunday. This would bring the operating hours to within the Board’s policy.

 

The Board GRANTED the application for variation, as amended, as follows:

  1. Change on-sales hours on Saturdays to 1100 hrs to 0100 hrs the following day and on Sundays to 1200 hrs to 2400 hrs
  2. Change off-sales hours on Sundays to 1200 hrs to 2200 hrs

subject to:
Local Conditions (a), (b), (c), (g), (j), (m), (o) and,
Mandatory Conditions


8.6
Ref: HC/CSER/1059 
Applicant:
John Grant and Sons
Premises: John Grant and Sons, Cathedral Square, Dornoch
Type: Off Sales

 

Variation:  

  1. Change the layout and operation of the shop premises
  2. Reduce alcohol display capacity from 40m2 to 26.4475m2
  3. Change the off-sales hours on Mondays to Sundays to 1000 hrs to 2200 hrs

There was circulated Report No HLB-148-11 (118kb pdf) by the Clerk.

 

It was noted that a letter of representation had been received dated 27 October 2011 from the Director of Public Health and Health Policy, NHS Highland.

 

Lorna Murray was in attendance together with Mr J McNabb.

 

The Board GRANTED the application for variation as sought, subject to
Mandatory Conditions.

 

8.7
Ref: HC/CSER/1088 
Applicant
: Royal Dornoch Golf Club
Premises: Royal Dornoch Golf Club, Golf Road, Dornoch
Type: On and Off Sales

 

Variation:

  1. Change the on-sales hours on Mondays to Thursdays to 1100 hrs to 0100 hrs the following day, Saturdays to 1100 hrs to 0100 hrs the following day and Sundays to 1200 hrs to 2400 hrs
  2. Change the off-sales hours on Sundays to 1200 hrs to 2200 hrs
  3. Change the children and young persons policy to allow children between 12 and 15 years to be on the club premises other than while accompanied by an adult and to allow children and young persons to be in public parts of the premises in accordance with the licensing board policy

There is circulated Report No HLB-149-11 (326kb pdf) by the Clerk.

 

It was noted that a letter of objection from the Acting Inspector dated 11 October 2011 had been withdrawn.

 

The Board GRANTED the application for variation as sought, subject to:

  • Local Conditions (a), (b), (c), (j), and
  • Mandatory Conditions.
  • And deletion of local outdoor drinking curfew condition.

8.8
Ref: HC/CSER/0863 
Applicant
: Derek N Sinclair
Premises: Balblair Distillery, Edderton
Type: Off Sales

 

Variation:  

  1. Change the type of licence to on and off sales and change description of premises to reflect this
  2. Addition of on-sales hours on Mondays to Saturdays from 1000 hrs to 2400 hrs and Sundays from 1200 hrs to 2200 hrs
  3. Change off-sales hours on Sundays to 1200 hrs to 2200 hrs
  4. Addition of activities and entertainment to provide conference facilities, restaurant facilities, receptions, club meetings, music and live performances
  5. Addition of children and young persons policy
  6. Change off-sales capacity to 20.2m2 and addition of on-sales capacity of 296 persons

There was circulated Report No HLB-150-11 (31kb pdf) by the Clerk.

 

The Clerk spoke to his report confirming that planning issues had now been resolved.

 

The Board GRANTED the application for variation as sought, subject to:

  • Local Conditions (a), (b) and (c) and
  • Mandatory Conditions.

9.  Licensing (Scotland) Act 2005
Applications for Transfer of Premises Licence by the Licence Holder

 

9.1
Connected Person:
Don MacIver
Premises: Miami (formerly Bakoo) 39 High Street, Inverness

 

There was circulated to Members only letter dated 10 October 2011 from the Chief Constable.

 

Note: The applicant, Eileen MacIver has been invited to attend.
Lorna Murray was in attendance. She apologised on behalf of her clients Mr & Mrs MacIver, who were unable to attend.  Mrs Murray confirmed that the offence detailed was already known to the Board and was for noting.

 

The Board GRANTED the application for transfer of licence.

 

10.  Licensing (Scotland) Act 2005
Applications for Personal Licence

 

10.1
Applicant:
  Sanjay Kumar

 

There was circulated to Members only Notice under Section 73(3)(b) from the Chief Constable dated12 September 2011.

 

Mr Kumar was present at the meeting.

 

After consideration the Board GRANTED the application for personal licence.

 

10.2
Applicant:
Rory Alistair Munro

 

There was circulated to Members only Notice under Section 73(3)(b) from the Chief Constable dated 25 October 2011.

 

Mr Munro was represented by Lorna Murray.

 

Mrs Murray confirmed that the incident had been a one-off, and would not be repeated.

 

The Board GRANTED the application for personal licence.

 

11.   Licensing (Scotland) Act 2005 Section 37
Request for Review Hearing

 

Review of Premises Licence – Notice of Conviction

 

11.1 Marks and Spencer PLC, 9 Eastgate, Inverness

 

There was circulated of Conviction dated 3 November 2011 from the Chief Constable.

 

11.2  Morrisons, Millburn Road, Inverness

 

There was circulated a Notice of Conviction dated 27 October 2011 from the Chief Constable.

 

The Board NOTED the mandatory requirement for a hearing and AGREED no action.

 

Review of Premises Licence – letters of objection

 

11.3 Innes Bar, 61 Innes Street, Inverness IV1 1NR

 

This application was deferred for consideration from the meeting of the Board held on 18 October 2011.

 

There was circulated to Members only letter dated 30 September 2011 from Mr M D Fellows and letter  dated 30 September 2011 from Mr C Porter.

 

There was circulated Report No HLB-151-11 (22kb pdf) by the Clerk.

 

Mr Craig MacLeod was present at the meeting.

 

Neither objector was in attendance.

 

LSO Ian Cox confirmed that he had spoken to both objectors but neither were able to attend, due to work commitments.

 

Mr MacLeod spoke to his application stating that he had made efforts to resolve any noise issues that he had been alerted to.  He stated that the Police had never been called to his premises.  He stated that the objectors had declined to meet with himself and the LSO to discuss any issues.

 

Mr I Cox confirmed that after liaising with Police he could confirm no antisocial behaviour reports.  There had been incidents but these had been reported in nearby premises. There had been some noise issues coming from the outside drinking area at the front.  Licensee was working hard to address any issues. He had installed CCTV at the front of the premises, had taken on extra staff and was continually monitoring the situation.

 

The Board AGREED to take no action, and that the LSO would continue to monitor the situation.

 


12.  The Gambling Act 2005

 

12.1  Application for Gaming Machine Permit for 3 machines

 

Ref:  HC/INBS/25
Applicant
: Gamestec Leisure Ltd, Low Lane, Horsforth, Leeds LS18 4ER per TCG Bars Ltd.
Premises: Lauders, Church Street, Inverness IV1 1EB

 

Mr Eric De Venny was present to speak to his application.

 

A report by the LSO dated 11 November 2011, was circulated.

 

After consideration the Board agreed to adhere to policy and REFUSED the application for a further machine (total 3 machines)

 

The meeting concluded at 2.55 pm.