Minute of the Meeting of the Highland Licensing Board held in the Council Chamber, Headquarters, Glenurquhart Road, Inverness, on Tuesday 6 March 2012 at 2.00pm.

 

Business

 

Present:
Mr P Corbett (Convener)
Mr A Rhind
Mr R Greene
Mr A Henderson
Mr G Rimell
Mrs M Paterson
Mr D Millar
Mr R Pedersen
Mrs G Sinclair

 

In Attendance:
Mr A Mackenzie, Clerk,
Mr I Cox, Licensing Standards Officer, Inverness Nairn and Badenoch and Strathspey
Mr D Inglis, Licensing Standards Officer, Caithness, Sutherland and Easter Ross
Inspector R Aitken, Northern Constabulary
Inspector A Henderson, Northern Constabulary
Mr J Williamson, Licensing Enquiry Officer, Northern Constabulary
Ms A Macrae, Committee Administrator
Mrs M Bain, Administrative Assistant

 

Also in Attendance:
Item 7.1   –    Mr Taylor, Solicitor for the Applicant
Item 7.2   –    Mr J Murray, Applicant
Item 8.1   –    Mr R Michie, Applicant and Mrs L Murray, Solicitor for the Applicant
Item 8.1   –    Mr N McLaughlin and Mrs M Murray, Objectors
Item 8.2   –    Mrs Canosa, Applicant’s Representative
Item 9.3   –    Mr M Khan, Applicant
Item 9.4   –    Mr J Bett, Solicitor for the Applicant
Item 9.5   –    Mrs L Murray, Solicitor for the Applicant
Item 11.1 –     Mr C Reid, Licence Holder and Mrs L Murray, Solicitor for the Applicant
Item 12.1 –    Mr P Heywood, Licence Holder
Item 12.2 –    [text removed from web version in compliance with Data Protection Act 1998]

 

(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.

 

1. Apology for Absence

 

An apology for absence was intimated on behalf of Mr D Flear.

 

2.       Declarations of Interest

 

Item 8.1 – Mr R Pedersen (Financial)

 

3. Confirmation of Minutes       

 

There had been circulated for confirmation the minute of the Meeting of the Committee held on 7 February 2012. The minute was held as read and APPROVED.

 

4. Licensing (Scotland) Act 2005
Licences Granted under Delegated Powers
                        

 

There had been circulated Report No HLB-014-12 (19kb pdf) by the Clerk detailing the licences which had been granted under delegated powers during the period 25 January 2012 to 21 February 2012

 

The Board NOTED the Report.

 


5. Licensing (Scotland) Act 2005
Occasional Licences and Extended Hours
Granted under Delegated Powers
                                        

 

There had been circulated Report No HLB-015-12 (37kb pdf) by the Clerk detailing the Occasional Licences and Extended Hours Applications which had been granted under delegated powers during the period 25 January 2012 to 21 February 2012.

 

The Board NOTED the Report.  

 

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

 

1. Cawdor Village Shop, Cawdor, Nairn
2. Highland Wineries, Moniack Castle, Kirkhill

 

The Board NOTED that the above Premises Licences had been surrendered in terms of Section 28(6)(b) of the Licensing (Scotland) Act 2005.

 

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

 

7.1
Ref:
HC/CSER/1607
Applicant: Asda Stores Limited
Premises: Asda Store, A9/Knockbreack Road, Tain
Type:  Off Sales

 

There had been circulated Report No HLB-016-12 (28kb pdf) by the Clerk relating to this application and inviting the Board to determine the application.

 

Having heard from Mr Taylor, Solicitor for the Applicant, the Board APPROVED the grant of a provisional premises licence subject to the mandatory conditions.

 


7.2
Ref:
HC/CSER/1611
Applicant: Murray Retail
Premises: Nisa Local, 1 A Dornoch Retail Park, Dornoch
Type:  Off Sales

 

There had been circulated Report No. HLB-031-12 (17kb pdf) by the Clerk relating to this application and inviting the Board to determine the application.

 

Having heard from Mr J Murray on behalf of the Applicant, the Board APPROVED the grant of a provisional premises licence subject to the mandatory conditions.

 

8. Licensing (Scotland) Act 2005

Applications for Grant of Premises Licences

 

Mr R Pedersen declared a financial interest in regard to item 8.1 following on the grounds that he had written a book for the Applicant for which he had received payment. Mr Pedersen left the Chamber while the application was being determined.

 

8.1
Ref
: HC/INBS/474B
Applicant: Jacobite Cruises Limited, Tomnahurich Bridge, Glenurquhart Road, Inverness per Lorna Murray, Solicitor, 45 Culduthel Road, Inverness
Premises: Jacobite Warrior, Tomnahurich Bridge, Glenurquhart Road, Inverness
Type:  On and Off Sales

 

There had been circulated Report No HLB-017-12 (31kb pdf) by the Clerk relating to this application and inviting the Board to determine the application. There had also been circulated letters of representation from:

 

[text removed from web version in compliance with Data Protection Act 1998]

 

Mrs L Murray, Solicitor for the Applicant, spoke in support of the application during which she advised that Jacobite Cruises Limited had had an excellent track record in operating cruises over the past 37 years and that until this application no complaints had been received in response to the operation of the business. She advised that her client had previously been granted premises licences under the Licensing (Scotland) Act 2005 for three of its vessels, one of which had recently been surrendered and that the application for the Jacobite Warrior would effectively replace that licence. She advised that her client’s business was strictly regulated by industry standards and that customer safety was considered the highest priority.  Mrs Murray reported that her client was concerned there should be minimal disturbance to neighbours as a result of their cruise operations and would be willing to meet with residents to discuss any concerns. In this regard she advised that her client would be willing to accept a local condition, as recommended in the Clerk’s report, to the effect that no alcohol would be sold or musical entertainment provided at any time when the vessel was moored at its Tomnahurich base after 9pm.

 

The Board then heard from [text removed from web version in compliance with Data Protection Act 1998].who expressed their support for the proposed local condition as set out in the Clerk’s report. [text removed from web version in compliance with Data Protection Act 1998].indicated that his main concern related to the potential for any noise disturbance a result of the grant of a premises licence.  [text removed from web version in compliance with Data Protection Act 1998].expressed concern that customers may discard bottles and glasses around her property, creating a litter nuisance.

 

Mrs L Murray responded that her client would arrange for checks to be carried out on passengers disembarking from the vessel to ensure they were not carrying glasses or bottles.

 

The Licensing Standards Officer advised that there was a by-law in place in this part of Inverness prohibiting the consumption of alcohol in public places and that the Police could therefore take action if customers were found to be consuming alcohol away from the vessel.

 

In discussion it was noted that the hours applied for in respect of on sales exceeded the maximum permitted hours.

 

Mr D Millar seconded by Mr A Henderson moved that the on sales be restricted to the maximum policy hours but on being advised by the Licensing Standards Officer in regard to the operational reasons for the request, Mr Millar withdrew his motion

 

Following further discussion the Board GRANTED the application for a premises licence subject to the mandatory conditions, to the applicant carrying out checks to ensure no bottles or glasses were removed from the vessel and to the following local condition;

 

1. No alcohol sales will be made and no entertainment will be provided at any time when the vessel was moored at its Tomnahurich base after 9pm.

 

8.2
Ref
: HC/INBS/531
Applicant: Enrique Juste Canosa, [text removed from web version in compliance with Data Protection Act 1998]
Premises: Spainsunproducts II, 45 King Street, Beauly
Type:  Off Sales

 

There had been circulated Report No HLB-018-12 (17kb pdf) by the Clerk relating to this application and inviting the Board to determine the application.

 

Having heard from Mrs Canosa, the Board GRANTED the application for a premises licence subject to the mandatory conditions.

 

9. Licensing (Scotland) Act 2005  
Application for Major Variations to Premises Licences 

 

9.1
Ref:
HC/INBS/378      
Applicant: Malhurst Limited , Vincent House, 4 Grove Lane, Epping, Essex per Brunton Miller, Herbert House, 22 Herbert Street, Glasgow
Premises: Malhurst Esso Newtonmore, Perth Road, Newtonmore
Type: Off Sales
Variation: The Off sales capacity will increase to 8.3 square metres

 

There had been circulated Report No HLB-019-12 (27kb pdf) by the Clerk relating to this application and inviting the Board to determine the application.

 

The Board GRANTED the application subject to the mandatory conditions.

 

9.2
Ref:
HC/INBS/509      
Applicant: Iceland Foods Limited, Second Avenue, Deeside Industrial Park, Deeside, Flintshire
Premises: Iceland, Unit 3B, Rose Street, Inverness
Type: Off Sales
Variation: Increase Sunday terminal hours from 17.00 hrs to 18.00 hrs

 

There had been circulated Report No HLB-020-12 (27kb pdf) by the Clerk relating to this application and inviting the Board to determine the application.

 

The Board GRANTED the application subject to the mandatory conditions.

 

9.3
Ref:
HC/INBS/319      
Applicant: Cora Ann Fraser, [text removed from web version in compliance with Data Protection Act 1998]
Premises: Fox’s Newsagents, 47 Tomnahurich Street, Inverness
Type: Off Sales
Variation: Re-organising displays and lay out and increasing  capacity to 38.38 square metres

 

There had been circulated Report No HLB-021-12 (28kb pdf) by the Clerk relating to this application and inviting the Board to determine the application. 

 

During discussion a number of Members expressed concern at the proposed increase in the display area for the sale of alcohol and in regard to overprovision in the locality.  However a contrary view was also expressed that the proposed extension in the floor area was in line with other applications from retailers and overprovision was not an issue given that two major off sales outlets in the area had closed previously.

 

The Board also heard from the applicant, Mr Khan, in support of his application.

 

Following further discussion the Board GRANTED the application subject to the mandatory conditions.

 

9.4
Ref:
HC/CSER/0414      
Applicant: Whyte and Mackay Limited per McClure Naismith, 292 St Vincent Street, Glasgow
Premises: The Visitor Shop, Dalmore Distillery, Alness
Type: Off Sales
Variation: change the off-sales hours on Mondays to Saturdays 1000hrs to 2200hrs and Sundays to 1000hrs to 1700hrs

 

There had been circulated Report No HLB-022-12 (26kb pdf) by the Clerk relating to this application and inviting the Board to determine the application. 

 

After hearing from Mr Bett, Solicitor for the Applicant, the Board GRANTED the application, subject to the mandatory conditions.

 

9.5
Ref:
HC/CSER/1059      
Applicant: Co-operative Group Food Ltd
Premises: Co-operative Group Food Ltd, Cathedral Square, Dornoch
Type: Off Sales
Variation: change the activities to allow recorded music to be played during the whole opening hours of the premises

 

There had been circulated Report No HLB-023-12 (27kb pdf) by the Clerk relating to this application and inviting the Board to determine the application. 

 

On hearing from Mrs L Murray, Solicitor for the Applicant,  the Board GRANTED the application subject to the mandatory conditions.

 

10. Licensing (Scotland) Act 2005 – Queen’s Diamond Jubilee

 

There had been circulated Report No HLB-024-12 (16kb pdf) by the Clerk inviting the Committee to consider its policy in respect of the forthcoming Queen’s Diamond Jubilee on 5 June 2012 following an approach made by the agents for The Scottish Beer and Pub Association. The Report noted that from enquiries carried out there seemed little interest from the trade in seeking further extended hours and that the main volume of business would be in the form of occasional licence applications for events outwith licensed premises.  The Report recommended that the existing policy hours be retained for the period 3 June to 5 June 2012, and that any applications for large scale themed events be subject to individual Reports to the Board along with recommended conditions.

 

The Board AGREED the recommendation.

 

11. Licensing Scotland Act 2005 Section 38 & 39 – Review of Premises   Licence

 

11.1  Premises Licence: HC/CSER/0317 – Camps Bar, High Street, Wick

 

There had been circulated Report No HLB-025-12 (61kb pdf) by the Clerk which outlined the process for a Review Hearing and the Board’s powers under Section 36 of the Licensing (Scotland) Act 2005.  The Report advised that the Chief Constable had sought a review on the grounds that there had been a breach of a local condition of the premises licence and, separately, a ground relevant to a licensing objective namely that of preventing public nuisance. The Report invited the Board to consider and determine the review application.

 

The Board heard from Inspector R Aitken in regard to specific incidents which had occurred at the premises as detailed in the letters from the Chief Constable dated 13 September 2011 and 4 January 2012, copies of which were appended to the Report. He clarified that reports had been submitted to the Procurator Fiscal in connection with the breach of a local condition attached to the premises licence by allowing a 15 year old to be in the bar area after 10pm and a breach of Section 4(1)(c) of the Licensing (Scotland) Act 2005 in regard to public nuisance by playing music at unacceptable levels. He reported that the Procurator Fiscal was not pursuing any further action in regard to the incidents.

 

Mrs L Murray, Solicitor for the Applicant, advised that to date her client had operated two establishments in Wick without incident. In regard to the Camp’s Bar she reported that her client employed stewards and used CCTV to monitor the premises. In regard to the first incident and the breach of the local condition, she advised that the attention of the stewards had been diverted by a group of customers in a deliberate attempt to allow the under 16 year old male entry to the premises.  She explained that CCTV footage had confirmed that the under 16 year old had not consumed alcohol on the premises. She advised that as a result of the incident her client had reviewed the stewarding arrangements and also undertaken a staff review with a view to preventing any further breaches of his premises licence. She also confirmed that the Procurator Fiscal was taking no further action in regard to this case.

 

Mrs L Murray advised that in regard to the incidents relating to noise nuisance an amplifier had been placed outside the doorway of the premises by her client with a view to attracting customers into the premises, However with the benefit of hindsight her client accepted that this had not been the best course of action.  She indicated that her client had not been on the premises when the Police had called and the amplifier removed and on his return had reinstated it without first checking with his staff.  She emphasised that the premises had no previous history associated with noise nuisance and that the Procurator Fiscal was taking no further action on the matter.

 

In discussion Members sought clarification on a number of issues in regard to what was considered to be contradictory accounts from the Police and the Mrs L Murray in regard to the incidents at the premises.  The Clerk advised that there was no evidence before the Board to confirm that the under 16 year old male had consumed alcohol on the premises.

 

Mr A Rhind moved that no further action be taken on this matter, but on failing to find a seconder the motion fell.

 

Mr D Millar, seconded by Mr R Greene, MOVED that the premises licence holder be issued with a written warning.

 

There being no amendments the MOTION became the finding of the meeting.

 

11.2  Premises Licence: HC/CSER/0533 – Altnacealgach Inn, By Lairg

 

There had been circulated Report No HLB-026-12 (35kb pdf) by the Clerk inviting the Board to review the premises licence for the Altnacealgach Inn, By Lairg (HC/CSER/0533) as a consequence of non-payment of the annual fee.

 

On hearing from the Licensing Standards Officer confirming that payment of the fee had now been received, the Board AGREED to take no action.

 

11.3  Premises Licence: HC/CSER/0317 – Cellar No. 1, 96A High Street, Alness

 

There had been circulated Report No HLB-027-12 (36kb pdf) by the Clerk inviting the Board to review the premises licence for Cellar No.1, 96A High Street, Alness (HC/CSER/0317) as a consequence of non-payment of the annual fee.

 

The Licensing Standards Officer reported that the premises licence had been surrendered on the death of one of the connected persons, and that the premises had ceased to trade. However he advised that in correspondence with the agent and the other connected person a reference had been made to the premises continuing to trade after 3 October 2011 and therefore the relevant parties were liable for the payment of the fee.

 

The Board AGREED to the premises licence being revoked.

 

11.4  Premises Licence: HC/CSER/1481 – Teaninich Castle, Alness

 

There had been circulated Report No HLB-028-12 (35kb pdf) by the Clerk inviting the Board to review the premises licence for Teaninich Castle, Alness (HC/CSER/1481) as a consequence of non-payment of the annual fee.

 

The Licensing Standards Officer advised that the Licence holder had claimed the fee had been paid in full but that no evidence could be found to support this claim.

 

The Board AGREED to the premises licence being revoked.

 

11.5  Premises Licence: HC/INBS/447 – Craggan Mill Restaurant, Grantown on Spey

 

There had been circulated Report No HLB-029-12 (16kb pdf) by the Clerk inviting the Board to review the premises licence for the Craggan Mill Restaurant, Grantown on Spey (HC/INBS/447) as a consequence of non-payment of the annual fee.

 

On hearing from the Clerk confirming that payment of the fee had now been received, the Board AGREED to take no action.

 

12.      Licensing (Scotland) Act 2005 Section 38 –  Review Hearing

 

12.1  Premises Licence: HC/INBS/100 The Winking Owl, 123 Grampian Road, Aviemore

 

There had been circulated Report No HLB-030-12 (48kb pdf) by the Clerk outlining the background to a Review Hearing in respect of the Winking Owl, 123 Grampian Road, Aviemore on the ground that a condition and the licensing objective of preventing public nuisance had been breached. The Report invited the Board to hold a Hearing to determine the premises licence review proposal. 

 

There had also been circulated letter of complaint received from [text removed from web version in compliance with Data Protection Act 1998]received 14 January 2012 and letter of apology from the licence holder received 21 January 2012.

 

The Board heard from Mr P Heywood who apologised for the fact he had breached conditions in regard to noise levels.  He confirmed that the speaker had been removed from outside the premises and provided an assurance that in future the premises would be operated strictly in accordance with the operating plan. Mr Heywood also reported on assurances he had given to [text removed from web version in compliance with Data Protection Act 1998] and other residents at Balavoulin Court, that there would be no recurrence in regard to the noise nuisance.

 

In discussion the Board expressed its concern at the public nuisance which had occurred noting that there had been a previous history of complaint in relation to the premises albeit under a different licence holder.  However it was suggested that the Mr Heywood had learned his lesson and had responded well to the complainant.

 

Thereafter the Board AGREED that the premises licence holder be issued with a written warning.

 

The Committee resolved that, under Section 50A(4) of the Local   Government (Scotland) Act 1973, the public be excluded from the meeting during discussion of the following Item 12.2 on the grounds that it involved the likely disclosure of exempt information as defined in paragraph 3 of Part 1 of Schedule 7A of the Act.

 

12.2  Personal Licence: Deborah Balchan

 

12.2  Personal Licence: [text removed from web version in compliance with Data Protection Act 1998].

 

There had been circulated to Members only notice of conviction received from the Chief Constable.

The Committee heard from Inspector Henderson and [text removed from web version in compliance with Data Protection Act 1998].in regard to the circumstances surrounding the conviction.

Following discussion the Board AGREED to retire to consider the representations and objections in private.  Thereafter the Chairman invited all parties to return to the meeting and invited the Committee to take a decision.
     
The Board AGREED that [text removed from web version in compliance with Data Protection Act 1998]. personal licence be endorsed with details of the conviction.

 

13. Power to Relieve Following Failure to Comply with Rules and Other Requirements

 

Ref: HC/CSER/0893      
Applicant: Gary William Batchen
Premises: Station Hotel, 94 High Street, Alness
Type: On and Off Sales

 

There had been circulated Report No HLB-032-12 (19kb pdf) by the Clerk relating to an application for the transfer of the premises licence for the Station Hotel, 94 High Street, Alness which may have ceased to have effect following the death of the premises licence holder. The Report recommended that the Board consider allowing the applicant relief in terms of section 135 of the Act from the failure to comply with the time limit for applying for a transfer.

 

The Board AGREED to grant the applicant relief in terms of section 135 of the Act and that the application to transfer the licence be processed by the Clerk under delegated powers.

 

The meeting ended at 3.30pm