Agendas, reports and minutes

Minute of the meeting of The Highland Licensing Forum held in Committee Room One, Council Offices, Glenurquhart Road, Inverness on Tuesday 2nd September 2014 at 2 pm    
 

Present:
Ramsay McGhee (Trade and Licence Member) – Convener in the Chair
Mrs Pat Hayden (Resident Member) - Vice Convener
Mrs Janet Home (Resident Member)
Gwyn Phillips (Resident Member)
Sergeant Shonnie Campbell (Representative of Police Scotland)
PC David Macalpine (Police Scotland)
David McDiarmid, (Representative of Fire & Recuse Service)
Joanne Smith (Licence Holder)
Elisabeth Smart, Public Health Consultant (Health Service representative)
Sarah Mackenzie (substituting for Debbie Stewart, Highland Drug and Alcohol Partnership)
Fiona Bing (Health Development Officer HC, substituting for Cath King)
Elizabeth Treasurer, Licensing Standards Officer
David Inglis, Licensing Standards Officer

In attendance:
Fiona Sinclair, Legal Adviser to the Forum and Clerk
 

1. Apologies for Absence
          
Apologies for absence were intimated on behalf of –

Sharon Williamson (Licensed trade representative)
Gordon Clelland (Licensed trade representative)
Donald Lawson (Licensed trade representative)
Cath King, Policy Manager Highland Council (Education and Social Care representative)
Gillian Gunn, currently on maternity leave (representing Highland Violence Against Women Strategy Group)

2. Minutes of Meeting held on 4 March 2014
 
The minutes of the meeting held on 20th May 2014, copies of which had been circulated with the Agenda were held as read and were approved.

3. Presentation from Anti-Violence Campaign Coordinator at Volence Reduction Unit, Police Scotland, Glasgow
 
The Convener welcomed Chief Inspector Graham Goulden, National Anti-Violence Campaign Coordinator, Police Scotland, who made a presentation and showed a DVD explaining the Bystander programme which aims to challenge people’s thinking in relation to violent crime.  It also aims to inspire members of the public, including  bar staff and customers, when faced with potentially violent situations to take appropriate action rather than possibly contribute to or condone potential abuse by being passive bystanders.  Graham recommended the DVD as a training material for bar staff. 

The Forum had noted at its meeting in May that the initial intention of the campaign is to engage with licence holders, staff and door stewards while links are also being proposed with Pubwatch to enable Pubwatch members to undergo the training with a view to working together towards the prevention of domestic and sexual violence incidents.    Graham reported that the Police are about to carry out training with Pubwatch groups in different areas around the country.   

The DVD focussed on rape and sexuall assault prevention.  It showed in detail the circumstances leading up to a sexual assault where a number of bystanders apparently had concerns about the situation but decided not to intervene.  The DVD then showed how each of the bystanders might have been able to stop the situation developing had any one of them taken taking appropriate action.  It was agreed that the DVD was very powerful and that the Bystander programme would be mentioned to the Licensing Board at the forthcoming joint meeting.  Ramsay thanked Graham for the presenation.

4. Annual Joint Meeting with Licensing Board – 7 October 2014

A draft list of items for discussion with the Board prepared from the minutes of recent Forum meetings had been circulated in advance of the meeting.  The list was confirmed as follows  -

1. Evaluation of Overprovision Policy – the Forum would like to hear how the success or otherwise of the Board’s policy statement on overprovision will be measured.    

2. Early opening hours for distilleries – the Board’s Statement of Policy states that early opening from 0900 hours will be permitted for food-led operations provided the terminal hour is such that the continuous peiod of opening does not exceed 14 hours.  The Forum suggests that the Statement of Policy be amended so that visitor centres, including distilleries, be permitted to open at 9 am. 

3. Age Verification Policy Integrity Testing – Although premises show Challenge 25 posters it seems that many licence holders are not aware of the requirement for an Age Verification Policy.  The Forum would like to discuss with the Board the possibility of introducing a programme of Age Verification Policy Integrity Testing in licensed premises including on sales, off sales and those premises covered by occasional licences. 

4. Guidance for Occasional Licences – The Forum would like to ensure that the Guidance is consolidated (Forum Clerk has raised this with the Board Clerk and understands this is being taken forward).

5. Renewal of personal licences in five years’ time -  in view of the differing practices in different Boards for the refresher training at the moment the Forum would like to ask the Board about the plans for the renewal of personal licences in five years’ time.

5. Licensing Standards Officer’s Report

Liz Treasurer had prepared a short report which had been circulated in advance of the meeting covering the following issues,

Personal Licence Holder Refresher Training –  at the time of writing the report a significant numer of personal licence holders were due to complete the mandatory refresher training by 31st August 2014.  The number of PLHs who have failed to undertake the refresher training will be unknown until 1st December 2014.  Concern was expressed that people who had not completed the training would have their licences revoked and be unable to reappy to be a PLH for five years.  It was noted that the Justice Secretary had been approached to remove the five year prohibition on reapplication for people who are only prohibited due to a failure to carry out training. 

Discussion followed on the procedure the Board will follow in five years’ time when personal licences require to be renewed and it was agreed that the Board be asked to give some consideration to the matter now.  

Annual fees – invoices in respect of annual fees have gone out to premises licence holders. 

The Forum noted the terms of the report.

6. Update on Policing Issues

PS Campbell reminded the Forum that at the March meeting he had anticipated that policing of licensed premises shouldn’t be significantly different across Highland under Police Scotland to the way it had been under Northern Constabulary.  He confirmed that the officers in the different areas of the new Force will continue to police matters as they had before the restructuring came into force.   

He said that training of PLHs by the Violence Reduction Unit is beginning in the month of September, commencing in Lochaber then moving to Inverness. 

Some applications for extended hours had been received for the period around the Referendum on September 18th.  He said that Police officer rest days were cancelled over the three days, 18th to 20th September. 

In relation to the possibility of Police Scotland recommending standard licence conditions to the board for voluntary organisations applying for occasional licences (as had been suggested at the March meeting), PS Campbell said that in light of recent case law this was unlikely.    

7. Report by Convener on Board Meetings

Ramsay reported that although he had not been present at Board meetings recently he had looked at the agendas and watched the webcasts.  The procedure notes for running meetings had been  agreed and it was anticipated that these would be of benefit to licence holders, applicants and objectors. 

It was noted that at the last Forum meeting the Forum had discussed the reason that the Board did not offer members of the public from outlying areas the opportunity to attend meetings remotely using video conference.  Ramsay welcomed the fact that when responding to the consultation on the Air Weapons and Licensing (Scotland) Bill, the Board, when asked about unintended consequences of the 2005 Act had appeared to take the same view as the Forum and had said, 
“The Highland Licensing Board self‐evidently represents a very large area with meetings held in Inverness. Given the many requirements of the Licensing (Scotland) Act 2005 to have mandatory hearings there can be considerable cost implications for those wishing or having to attend a Board meeting, whether Applicant or Objector.  Section 43 of The Local Government in Scotland Act 2003 permits the remote participation in and calling of local authority meetings. This has been used to a significant extent by Highland Council permitting attendance at and participation in a number of committee meetings by video conference. However this section only permits remote participation in meetings of a local authority and its committees, including joint committees, and sub‐committees. Licensing Boards are a separate legal body and are not a committee or sub‐committee of a local authority. Consequently video conferencing is not available to Licensing Boards.”
The Forum welcomed the Board’s submission on this point.
 

8. Forum Membership

It was noted that the new Youth Convener, Sean Finlayson is now in post and it was anticipated that he would attend future meetings.  Ramsay intimated that he had spoken to Inverness College and a member of staff involved with licensing and hospitality is prepared to attend the Forum representing young people.  Ramsay also hopes to get a young person who lives locally to attend.  New applicants will be required to submit application forms. 

9. Alcohol Focus Scotland: Review of Statements of licensing policy

The above document had been circulated with the Agenda.  Ramsay noted that the Highland Board had been commended for presenting policy in context and also for explaining how the views of consultees had been taken into account in framing the Policy Statement.

10. Urgent Business not on the Agenda

None. 

11. Date of Next Meeting

The Joint Meeting with the Licensing Board is to be held on 7th October and the next Forum meeting on 18th November, both at 2 pm.  The meeting on 7th October may be later depending when the Licensing Committee meeting finishes.

The meeting closed at 4.00 pm.