Agendas, reports and minutes

Highland Licensing Board

Date: Tuesday, 3 February 2015

Minutes: Read the Minutes

THE HIGHLAND LICENSING BOARD

Minute of the meeting of the Highland Licensing Board held in the Council Chamber, Headquarters, Glenurquhart Road, Inverness, on Tuesday 3 February 2015 at 1.00pm.

Present:

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

In Attendance:

Ms S Blease, Depute Clerk
Mr I Cox, Licensing Standards Officer
Mr D Inglis, Licensing Standards Officer
Mrs L Treasurer, Licensing Standards Officer
Ms A Macrae, Committee Administrator

Also in Attendance:

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

Item 6.1: Ms N Dingwall, Applicant
Item 7.1: Mrs L Murray, Solicitor for the Applicant
Item 8.2: Mrs L Murray, Solicitor for the Applicant
Item 8.3: Mrs L Murray, Solicitor for the Applicant
Item 8.4: Mrs L Murray, Solicitor for the Applicant
Item 8.5: Mr R Munro, Applicant and Mrs L Murray, Solicitor for the Applicant
Item 8.5: Mr K Phillip, Objector
Item 8.6: Mrs L Murray, 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

An apology for absence was intimated on behalf of Mr A Henderson.

2. Declarations of Interest
Foillseachaidhean Com-pàirt

There were no declarations of interest.

3. Confirmation of Minutes
Dearbhadh a’ Ghearr-chunntais

There had been circulated for confirmation the minutes of the meetings of the Board held on 11 December 2014 and 6 January 2015.

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/001/15 by the Clerk detailing the licences which had been granted under delegated powers during the period 14 December 2014 to 20 January 2015 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/002/15 by the Clerk detailing the Occasional Licences and Extended Hours Applications which had been granted under delegated powers during the period 14 December 2014 to 20 January 2015 and inviting the Board to note the Report.

The Board NOTED the Report

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

6.1 Ref: HC/INBS/572
Applicant: Nicola Dingwall, Craigdhu, Woodside Avenue, Grantown on Spey
Premises: Elephants in the Pantry, 50-52 High Street, Grantown on Spey
Type: Off Sales

There had been circulated Report No HLB/010/15 by the Clerk inviting the Board to determine the application.

Having heard from Ms N Dingwall, the applicant, the Board AGREED to grant the application subject to the mandatory conditions.

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

7.1 Ref: HC/INBS/573

Applicant: Thai Dining Limited, per Kenneth Thomson, 21 Lochardil Place, Inverness per Lorna Murray, 45 Culduthel Road, Inverness
Premises: Thai Dining, 85-87 Academy Street, Inverness
Type: On Sales

There had been circulated Report No HLB/011/15 by the Clerk inviting the Board to determine the application.

Having heard from Mrs L Murray on behalf of the applicants, the Board AGREED to grant the application subject to mandatory conditions.

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/RSL/0111
Applicant: Martin McColl Limited
Premises: McColl’s (formerly Strath Stores), Strath, Gairloch
Type: Off Sales

There had been circulated Report No HLB/012/15 by the Clerk inviting the Board to determine the application.

The Board AGREED to grant the application subject to the mandatory conditions and the special condition detailed at paragraph 8.3 of the Report.

8.2 Ref: HC/INBS/554
Applicant: Mr Ali Raza Mohammed, per Lorna Murray Solicitor, 45 Culduthel Road, Inverness
Premises: Pockets, 55-57 Castle Street, Inverness
Type: On Sales

There had been circulated Report No HLB/013/15 by the Clerk inviting the Board to determine the application.

Having heard from Mrs L Murray on behalf of the applicants, the Board AGREED to grant the application subject to the mandatory conditions and the existing local conditions.

8.3 Ref: HC/INBS/564
Applicant: Paul Giles Richard Sandiford, 24 Dulaig Court, Grantown on Spey per Lorna Murray Solicitor, 45 Culduthel Road, Inverness
Premises: The Wee Puffin, 15 High Street, Grantown on Spey
Type: On and Off Sales

There had been circulated Report No HLB/014/15 by the Clerk inviting the Board to determine the application.

The Board heard from Mrs L Murray on behalf of the applicants, during which she confirmed that her client wished to amend the application to change the on-sales commencement hour on Monday to Sunday from 1000 hours to 1100 hours.

The Board AGREED to grant the application, as amended to change the on-sales commencement hour on Monday to Sunday from 1000 hours to 1100 hours, subject to mandatory conditions, existing local conditions and the additional local condition set out at paragraph 8.2 of the Report, and subject to deletion of the specific condition set out at paragraph 8.3 of the Report.

8.4 Ref: HC/INBS/141
Applicant: Caledonia Catering Ltd, 135 Culduthel Road, Inverness per Lorna Murray, 45 Culduthel Road, Inverness
Premises: Skiing Doo Restaurant, Myrtlefield Centre, Aviemore
Type: On and Off Sales

There had been circulated Report No HLB/015/15 by the Clerk inviting the Board to determine the application.

Having heard from Mrs L Murray on behalf of the applicants, the Board AGREED to grant the application subject to the mandatory conditions, the existing local conditions and the additional specific conditions detailed at paragraph 8.2 of the report.

8.5 Ref: HC/INBS/90
Applicant: Punch Partnership Ltd, Jubilee House, Second Avenue, Burton upon Trent per TLT LLP, 140 West George Street, Glasgow
Premises: Corriegarth Hotel, 5-7 Heathmount Road, Inverness
Type: On and Off Sales

There had been circulated Report No HLB/016/15 by the Clerk advising that six timeous notices of objection to the application had been received, details of which were appended to the report. The report invited the Board to determine the application.

Mrs L Murray spoke on behalf of the applicants in support of the application. She advised that her client was content to accept the amendment proposed by the Licensing Standards Officer in regard to the children and young persons section of the operating plan as set out in the report. She also indicated that:-

her client had taken over the licence of the premises in November 2014; however he was an experienced licensee with a considerable number of years in the trade;
the application for a variation sought to update the licence to reflect the Board’s new policy hours;
the Licensing Standards Officer had confirmed with Police Scotland that there had been no issues with noise nuisance from the premises over the festive period;
her client was content to arrange for noise assessments to be carried out at neighbouring properties and to introduce a range of management practices to minimise any potential noise nuisance if this was required;
he was also willing to meet with local residents and provide them with his mobile phone contact details in the event they wished to discuss any issues;
there was no evidence to link concerns about noise in the area to customers from her client’s premises;
the premises were located on a busy route for people dispersing from the City Centre which inevitably generated an element of people noise;
although the concerns raised with regard to parking and road traffic issues were not relevant to the application, her client was willing to erect a sign in the car park to alert customers that vehicles must turn left when exiting from the premises, and
there was no evidence before the Board that the operation of the premises had given rise to noise complaints, and it was suggested that any history of complaints extended back to the operation of the premises under a previous owner.

In response to questions raised by the objector, Mr K Phillip, Mrs Murray explained that her client had been unaware of any concerns in regard to noise connected with the premises on 3 December 2014. Nor had staff at the premises received any complaints in this regard. There was no intention to erect a marquee within the grounds of the premises to cater for events and any such proposal may have dated back to a previous owner of the premises.

Mr Phillip then outlined his objection to the application. He indicated that the submission by the applicant’s solicitor had provided him with some assurances in response to the matters referred to in his objection. However he remained concerned that the grant of the licence, and particularly that element which sought to increase on sales hours, would have a significant impact on local amenity, given that the premises was located in a mainly residential area. It would also result in overprovision in the locality. He also suggested that it would be to the benefit of Police Scotland in terms of preventing public nuisance if late hours licences were permitted only in the City Centre.

Mr Phillip further stated that the existing road traffic and parking issues in the local area would be exacerbated by the grant of a licence and he requested that this matter be drawn to the attention of the relevant Council officials, on the basis he was aware this was not a matter for the Board.

The Convener advised that the application complied with the policy hours which had been set by the Board and therefore this was not a matter for Police Scotland. She also advised that the issues around traffic management and parking should be referred to Community Services.

Thereafter, and following discussion, the Board AGREED to grant the application as amended to provide that the children and young persons section of the operating plan (Section 6) provide that:

(a) children will be accompanied by an adult at all times when in a room with a bar counter, when attending a private function, viewing entertainment or consuming a meal, and

(b) at any time after 2200 hours, young person will be accompanied by an adult when in a room with a bar counter, attending a private function, viewing entertainment or consuming a meal,

and subject to the mandatory conditions, existing local conditions and the additional local and specific conditions set out at paragraphs 8.2 and 8.3 of the Report.

8.6 Ref: HC/CSER/0239
Applicant: Kylesku Hotel Ltd, Kylesku Hotel, Kylesku per Lorna Murray, 45 Culduthel Road, Inverness
Premises: Kylesku Hotel, Kylesku
Type: On and Off Sales

There had been circulated Report No HLB/017/15 by the Clerk inviting the Board to determine the application.

Having heard from Mrs L Murray on behalf of the applicants, the Board AGREED to grant the application subject to the mandatory conditions, the existing local conditions and additional local and specific conditions detailed at paragraphs 8.5 and 8.6 of the Report.

8.7 Ref: HC/RSL/1200
Applicant: Robin Macgregor
Premises: Aultbea Hotel, Aultbea, Achansheen
Type: On and Off Sales

There had been circulated Report No HLB/018/15 by the Clerk inviting the Board to determine the application.

The Board AGREED to grant the application subject to the mandatory conditions, the existing local conditions and the additional local condition and late opening premises conditions detailed at paragraphs 8.2 and 8.3 of the Report.

9. The Licensing (Scotland) Act 2005 Section 43
Notice of Conviction
Achd Cheadachd (Alba) 2005, Earrann 83,
Brath Ditidh

The Clerk advised that the licence holder had notified the Board of the undernoted offences and that Police Scotland had made no recommendation that the licence should be varied, suspended or rescinded.

9.1 Licence Holder: Martin McColl Limited
Premises: McColls, 8 Trentham Street, Helmsdale
Offences: Section 2(1) (x6) of the Health and Safety at Work Act 1974