6 January 2015: Highland Licensing Board

A meeting of the Highland Licensing Board will take place in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Tuesday, 6 January 2015 at 12.00 noon (following the Highland Licensing Committee commencing 11.30 am).  

You are invited to attend and a note of the business to be considered is attached.

Webcast Notice: This meeting will be filmed and broadcast over the internet on the Highland Council website and will be archived and available for viewing for 12 months thereafter.

Members are reminded that during determination of a Licensing Board item, in order to be entitled to participate in any vote, Members must be present throughout all of the proceedings.

Members are further reminded that mobile devices, including mobile phones, can be used for following the agenda/reports and delivering speeches but should not be used for any form of communication (text or tweet) during the meeting.

Yours faithfully

Alaisdair H Mackenzie
Clerk to the Licensing Board

Business

1.  Apologies for Absence
Leisgeulan

2.  Declarations of Interest
Foillseachaidhean Com-pàirt 

Members are asked to consider whether they have an interest to declare in relation to any item on the agenda for this meeting.   Any Member making a declaration of interest should indicate whether it is a financial or non-financial interest and include some information on the nature of the interest.   Advice may be sought from Officers prior to the meeting taking place.

3.  Licensing (Scotland) Act 2005
Licences granted under Delegated Powers
Achd Ceadachd (Alba) 2005
Ceadachdan a bhuilicheadh fo Ùghdarras air a Thiomnadh

There is circulated Report No HLB/001/15 detailing Licences which have been granted under delegated powers by the Clerk to the Board during the period 25 November 2014 to 13 December 2014 and inviting the Board to note the Report.

4.  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 is circulated Report No HLB/002/15 detailing Occasional Licences and Extended Hours Applications which have been granted under delegated powers by the Clerk to the Board during the period 25 November 2014 to 13 December 2015 and inviting the Board to note the Report.

5.  Review Hearings – Non-payment of Annual Premises Licence Fees
Èisteachdan Ath-sgrùdaidh – Neo-phàigheadh Chìsean
Ceadachd Togalaich Bliadhnail 

There is circulated Report No HLB/003/15 by the Clerk.

6.  Review Proposal – Non-payment of Annual Premises Licence Fees
Moladh Ath-sgrùdaidh – Neo-phàigheadh Chìsean
Ceadachd Togalaich Bliadhnail

There is circulated Report No HLB/004/15 by the Clerk.

7.  Supplementary Policy Statement on Extended Hours
Aithris Poileasaidh Leasachail a thaobh Uairean Leudaichte

There is circulated Report No HLB/005/15 inviting the Board to consider whether to consult on the introduction of a supplementary policy statement identifying specific events and occasions, in addition to the festive period, in which applications for extended terminal hours will generally be considered favourably. 

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

8.1  Ref: HC/INBS/03
Applicant: Bydan (Scotland) Ltd, Roslyn House, 14 Links Place, Nairn, IV12 4NH, per Lorna Murray, Solicitor, 45 Culduthel Road, Inverness IV2 4HQ
Premises:  The Nip Inn, 20 Grant Street, Inverness IV3 5BL
Type:  On Sales 

Variation:

1. Amendment to on sales hours to commence Sunday 1100 hours.

Minute of the meeting of the Highland Licensing Board held in the Council Chamber, Headquarters, Glenurquhart Road, Inverness, on Tuesday 6 January 2015 at 12.40pm.  

Present:

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

In Attendance:

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

Also in Attendance:

Sergeant S Campbell, Police Scotland
Sergeant B Gray, Police Scotland  

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 Mr J Stone.

2.  Declarations of Interest 
Foillseachaidhean Com-pàirt

Item 5: Mr A Duffy (non-financial)

3.  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/001/15 by the Clerk detailing the licences which had been granted under delegated powers during the period 25 November 2014 to 13 December 2014 and inviting the Board to note the Report.  

The Board NOTED the Report.  

4.  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/002/15 by the Clerk detailing the Occasional Licences and Extended Hours Applications which had been granted under delegated powers during the period 25 November 2014 to 13 December 2014 and inviting the Board to note the Report.

The Board NOTED the Report.

5.  Review Hearings – Non Payment of Annual Premises Licence Fees
Èisteachdan Ath-sgrùdaidh – Neo-phàigheadh Chìsean Ceadachd Togalaich Bliadhnail

Declaration of Interest:- Mr A Duffy declared a non-financial interest in this item as a friend of the premises licence holder of Whisky by MacWilliam, Inverness.

There had been circulated Report No HLB/003/15 by the Clerk which invited the Board to hold review hearings to consider and determine their review proposals in respect of the premises listed in the Report for which the annual fees remained unpaid and which therefore breached the mandatory conditions of their premises licences.  

The Clerk and Licensing Standards Officer provided an update in regard to the Report and confirmed that the undernoted premises had now paid their annual fee:-  

• Marine Hotel, Mallaig
• Macveans, Fort Augustus
• Whisky by MacWilliam, Inverness

The Clerk confirmed that no parties were present at the meeting to represent the remaining premises in respect of which the annual fee remained unpaid.  

Thereafter, the Board AGREED to revoke the following premises licences if the annual fee had not been paid by 1245 on 6 January 2015:- 

• Duntulm Castle Hotel, Duntulm
• Croy Shop, Croy
• Daviot Lodge, Daviot
• The Lodge Hotel, Newtonmore
• UV Nightclub, Inverness
• Windsor Hotel, Nairn

6.  Review Proposal – Non payment of Annual Premises Licence Fees
Moladh Ath-sgrùdaidh – Neo-phàigheadh Chìsean Ceadachd Togalaich Bliadhnail

There had been circulated Report No HLB/004/15 by the Clerk relating to the non-payment of annual premises licence fees for the period 1 October 2014 to 30 September 2015 by the City Bar, 21 Queensgate, Inverness. The Report invited the Board to make a Review Proposal with a view to holding a Review Hearing at the next meeting.

The Clerk advised that payment of the annual fee had now been received from the City Bar, Inverness and therefore that the Report had been withdrawn.

The Board NOTED that the Report had been withdrawn upon payment of the annual fee.

7.  Supplementary Policy Statement on Extended Hours 
Aithris Poileasaidh Leasachail a thaobh Uairean Leudaichte

There had been circulated Report No HLB/005/15 by the Clerk inviting the Board to consider whether to consult on the introduction of a supplementary policy statement identifying specific events and occasions, in addition to the festive period, in respect of which applications for extended terminal hours would generally be considered favourably.

The Depute Clerk advised that if the Board agreed to consult on the introduction of a supplementary policy statement then it may also wish to agree a provisional list of occasions and events to be included in the proposal. In this regard she advised that the Board may wish to avoid the inclusion of generic events such as weddings and birthday parties, and focus on events of national and local significance.

Following discussion, the Board AGREED to:-

i.  consult on a proposal to introduce a supplementary policy statement identifying specified events and occasions, in addition to the festive period, in respect of which applications for extended terminal hours may be considered favourably; and

ii.  the following specified events and occasions, and dates surrounding those events and occasions, be included in the proposal: Easter, Halloween, 6 day trials and downhill bike championships in Fort William, National Mod, Burns Night, St Andrew’s night, major sporting events in Highland.

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

8.1 Ref: HC/INBS/03
Applicant: Bydan (Scotland) Ltd, Roslyn House, 14 Links Place, Nairn per Lorna Murray, Solicitor, 45 Culduthel Road, Inverness
Premises: The Nip Inn, 20 Grant Street, Inverness
Type: On Sales

There had been circulated Report No HLB/006/15 by the Clerk inviting the Board to determine the application.

The Board AGREED to grant the application subject to the mandatory conditions and the existing local conditions.

8.2 Ref: HC/RSL/1265
Applicant: Clan Donald Lands Trust, Armadale, Sleat, Isle of Skye
Premises: The Stables Restaurant and Café Bar, Armadale, Sleat, Isle of Skye
Type: On and Off Sales

There had been circulated Report No HLB/007/15 by the Clerk inviting the Board to determine the application.

The Board AGREED to grant the application subject to the mandatory conditions and the existing local conditions.

The meeting ended at 12.55pm.