Agendas, reports and minutes

Minute of the meeting of the Highland Licensing Board held in the Council Chamber, Headquarters, Glenurquhart Road, Inverness, on Tuesday 4 November 2014 at 12.30pm.  

Present:

Dr I Cockburn, Mr A Duffy, Mr C Fraser, Mr R Greene, Mr A Henderson, Mrs L Macdonald, Ms M Smith and Mr J Stone.

In Attendance:

Mr A Mackenzie, Clerk
Ms S Blease, Depute Clerk
Mr I Cox, Licensing Standards Officer
Mrs L Treasurer, Licensing Standards Officer
Mrs A MacArthur, Administrative Assistant  

Also in Attendance:  

Inspector A Macleod, Police Scotland 
Item 6.2: Mr F Stephen, for the Applicant
Item 7.2: Mr I Mackenzie, for the Applicants
Item 7.3: Mr G Watson, Solicitor for the Applicant

Ms M Smith in the Chair

Briefing on Protocol for Webcasting of Meetings 

The Convener advised the Board that the meeting would be filmed and broadcast over the internet on the Highland Council website and would be archived and available for viewing for 12 months.  

1.  Apologies for Absence
Leisgeulan  

Apologies for absence were intimated on behalf of Mr W Mackay and Mrs G Sinclair.  

2.  Declarations of Interest 
Foillseachaidhean Com-pàirt  

There were no declarations of interest.  

3.  Confirmation of Minute                                                                
Dearbhadh a’ Gheàrr-chunntais

There had been circulated for confirmation the minute of the meeting of the Board held on 7 October 2014.

Arising from item 15 of the Minute, the Clerk reported that to 30 October notification had been received from 925 licence holders that they had completed their refresher training by the required date of 31 August 2014. He advised that nearly 750 personal licence holders had still to notify the Board of completion of training which they were required to do by 30 November 2014 or face having their licence revoked.

The minutes were held as read and APPROVED.

4.  Licensing (Scotland) Act 2005 
Licences Granted Under Delegated Powers
Achd Ceadachd (Alba) 2005       
Ceadachdan a bhuilicheadh fo Ùghdarras air a Thiomnadh                     

There had been circulated Report No HLB/134/14 by the Clerk detailing the licences which had been granted under delegated powers during the period 24 September 2014 to 21 October 2014 and inviting the Board to note the Report.

The Board NOTED the Report.

5.  Licensing (Scotland) Act 2005
Occasional Licences and Extended Hours Granted Under Delegated Powers
Achd Ceadachd (Alba) 2005
Ceadachdan Corra-uair agus Uairean Sìnte a bhuilicheadh fo Ùghdarras air a Thiomnadh

There had been circulated Report No HLB/135/14 by the Clerk detailing the Occasional Licences and Extended Hours Applications which had been granted under delegated powers during the period 24 September 2014 to 21 October 2014 and inviting the Board to note the Report.

Arising from the Report, the Convener suggested that in terms of her delegated powers it would be helpful for a review to be conducted in relation to the Board’s policy with regard to the hours which may be granted for special events of local or national significance. 

The Clerk welcomed suggestions from Members in regard to any such events they wished considered as part of the review.  

The Board NOTED the Report, and AGREED to review the Board’s policy with regard to the hours which may be granted for special events of local or national significance.  

6.  Licensing (Scotland) Act 2005
Applications for Provisional Premises Licences
Achd Ceadachd (Alba) 2005
Iarrtas airson Ceadachdan Thogalaichean le Cumha

6.1 Ref: HC/INBS/569
Applicant: The Partnership of Eagle Brae, Struy Lodge, Struy, Beauly
Premises: Eagle Brae, Strathglass, Beauly,
Type: Off Sales

There had been circulated Report No HLB/136/14 by the Clerk inviting the Board to determine the application.

The Board AGREED to grant the application subject to the mandatory conditions.

6.2 Ref: HC/CSER/1711
Applicant: Caithness Rugby Football Club
Premises: Caithness Rugby Football Club Clubhouse, Millbank Road, Thurso,
Type: On Sales

There had been circulated Report No HLB/137/14 by the Clerk inviting the Board to determine the application.

Having heard from Mr F Stephen on behalf of the applicants, the Board AGREED to grant the application subject to the mandatory conditions, and the local, additional and late opening conditions detailed in paragraph 6 of the Report.

7.  Licensing (Scotland) Act 2005
Applications for variation (major) to Premises Licences
Achd Ceadachd (Alba) 2005
Iarrtasan airson Caochladh (Mòr) a thaobh Ceadachdan Thogalaichean

7.1 Ref: HC/INBS/364
Applicant: Tapas Inverness Limited per Hana Stewart, 99 Castle Street, Inverness
Premises: La Tortilla Asesina, 99 Castle Street, Inverness
Type: On and Off Sales

There had been circulated Report No HLB/138/14 by the Clerk inviting the Board to determine the application.

The Board AGREED to grant the application subject to the mandatory conditions, and the local and specific conditions detailed in paragraph 8 of the Report.  

7.2 Ref: HC/INBS/464
Applicant: The Partnership of Ian Alastair Richard MacKenzie and May Harvey MacKenzie, [text removed from web version in compliance with Data Protection Act 1998]
Premises: 147 Pool and Snooker Centre, 34 Union Street, Inverness
Type: On Sales

There had been circulated Report No HLB/139/14 by the Clerk inviting the Board to determine the application.

In response to a question in regard to potential noise impacts associated with the grant of a the variation, the Licensing Standards Officer reported that any music played at the premises was in the form of background music and that the premises had been operating for a number of years with no adverse complaints in relation to noise having been received.

Mr I Mackenzie, Applicant, explained that a DJ had never been employed at the premises during the considerable number of years it had been in operation, and that any music played was in the form of background music.

The Board AGREED to grant the application subject to the mandatory conditions and to replace the existing local conditions with the local condition detailed in paragraph 8 of the Report.

7.3 Ref: HC/INBS/527
Applicant: Simpson Highview Limited, Highview House, Inshes, Inverness per Macleod and MacCallum, 28 Queensgate, Inverness.
Premises: Simpsons Garden Centre, Inshes, Inverness
Type: On and Off Sales

There had been circulated Report No HLB/140/14 by the Clerk inviting the Board to determine the application.

On hearing from Mr G Watson, Solicitor for the Applicant, the Board AGREED to grant the application subject to the mandatory conditions.

7.4 Ref: HC/RSL/1278
Applicant: Jacqueline Fraser
Premises: Jac-o-bite Restaurant, Ault-a-Chruinn, Glenshiel,
Type: On Sales

There had been circulated Report No HLB/141/14 by the Clerk inviting the Board to determine the application.

The Board AGREED to grant the application subject to the mandatory conditions.

8. Licensing (Scotland) Act 2005 Section 77(6)
Surrender of Personal Licences

There had been circulated Report No HLB/142/14 by the Clerk which listed those personal licences which had been surrendered by the licence holder during the period 20/09/14 to 21/10/14 in terms of Section 77(5) and (6) of the Licensing (Scotland) Act 2005, and which therefore ceased to have effect.

The Clerk reported that confirmation would be provided to the next meeting on the number of personal licences which required to be revoked as a result of failure to notify the Board by 30 November 2014 of completion of refresher training. 

The Board NOTED the Report.

The meeting ended at 12.45 pm.