Agendas, reports and minutes

Minute of the meeting of the Highland Licensing Board held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness, on Tuesday 16 June 2015 at 1.30pm. 

Present:

Dr I Cockburn, Mr A Duffy, Mr C Fraser, Mr R Greene, Mr A Henderson, Mrs L Macdonald, Mr W Mackay, 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
Ms A Macrae, Committee Administrator 

Also in Attendance:

Sergeant B Gray, Police Scotland
Police Constable S McKellaig, Police Scotland (Item 4) 
Item 10.1: Ms D Menzies and Ms A Menzies, Applicants
Item 10.3: Mr Z Hossain, Applicant
Item 11.6: Mr A Macrae, Applicant and Mr A Scott, Objector 

Briefing on Protocol for Webcasting of Meetings. 

The Clerk 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. 

Appointment of Convener 

The Clerk invited nominations for the post of Convener of the Board. 

Mrs L Macdonald seconded by Mr A Duffy nominated Dr I Cockburn as Convener. 

On there being no other nominations, Dr I Cockburn was duly appointed as Convener of the Board and took the Chair. 

Appointment of Vice Convener 

The Convener then invited nominations for the post of Vice Convener of the Board. 

Mr A Duffy seconded by Mrs L Macdonald nominated Mrs G Sinclair as Vice Convener. 

On there being no other nominations Mrs G Sinclair was duly appointed as Vice Convener of the Board. 

1. Apologies for Absence
Leisgeulan 

An apology for absence was intimated on behalf of Mr J Stone.  

2. Declarations of Interest 
Foillseachaidhean Com-pàirt 

Item 11.6: Dr I Cockburn – non financial. 

3. Confirmation of Minutes 
Dearbhadh a’ Ghearr-chunntais

There had been circulated for confirmation the minute of meeting of the Board held on 12 May 2015. 

The Minute was held as read and APPROVED.

4. Presentation by Police Scotland Counter Terrorism Department
Taisbeanadh le Roinn Contra-Cheannairceis Poilis Alba

The Board received a presentation from PC Stuart McKellaig, Police Scotland in regard to the counter terrorism ‘Operation Contest’ which was the UK Government’s strategic response to terrorism both in the UK and internationally. He outlined the main strands of the strategic response and advised that his role mainly involved going out to communities and speaking to different groups to assist them to identify behaviour of individuals which may be of concern, for example where a person was at risk of being radicalised.

He also circulated a document which provided information on emblems and symbols that may provide Board Members with an indication that an individual within their communities may hold extreme views that may require direct action. He also provided Members with a short video presentation on the action that would be taken should an individual be displaying behaviour which was of concern. 

During discussion, Members raised the following points:- 

• a point in regard to the prevalence of the above in the Highlands.
  PC McKellaig advised that Police Scotland were currently engaged with two individuals one of whom had been in the process of being radicalised whilst studying in London and about to go to Syria. However he explained that following interventions by the Police and other specialised services this individual was now back with his family and was being integrated back into the local community;
• the extent to which research was undertaken into the earlier childhood of an individual and any relationship with extremist activity.
  PC McKellaig advised that the personal history of a person was not necessarily connected to the holding of extreme views and that it was important also to focus research on the backgrounds of the people around that individual such family, friends and associates; 
• a question in regard to the assistance Police Scotland received from the military in regard to counter terrorism work. 
  PC McKellaig advised that military assistance was important in dealing with, for example, improvised explosive devices; however he emphasised that routinely the Police’s main focus was on engaging and helping individuals and gathering information in a manner which did not require military intelligence; and 
• a point in regard to the Draft Communications Data Bill and whether information that may be gained from social media under the provisions of the Bill would be helpful to the Police in its counter terrorism work. 
  PC Mackellaig advised that the assistance of the public was critical in regard to counter terrorism work and it was important to police by consent. He advised that any loss of co-operation from the public would not make up for information that could be gained through certain methods of surveillance.

Thereafter, the Chair thanked PC McKellaig for his presentation and attending the meeting.

The Board AGREED to note the presentation.

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

There had been circulated Report No HLB/056/15 by the Clerk inviting the Board to approve the Supplementary Licensing Policy Statement on Extended Hours for Special Events of local or national significance and to authorise its publication. 

The Board APPROVED the Supplementary Policy Statement and authorised its publication as adopted policy. 

6. Application and Annual Fees 
Iarrtas agus Cosgaisean Bliadhnail

There had been circulated Report No HLB/057/15 by the Clerk in relation to application and annual fees and advising that in determining the fees, the Board must have regard to the desirability of ensuring that the total fees payable are likely to be broadly equivalent to the expenses incurred in administering liquor licensing. In conjunction with the Finance Service a detailed analysis of the costs of administering the licensing system was carried out each year, and this analysis showed that there was no need to increase the fees for this year. 

The Board AGREED not to increase the application and annual fees. 

7. Alcohol (Licensing, Public Health and Criminal Justice) (Scotland) Bill Scottish Parliament Health and Sport Committee Call for Evidence
Bile na Dibhe (Ceadachd, Slàinte Phoblach agus Ceartas Eucoireach) (Alba) Gairm Fianais Comataidh Slàinte is Spòrs Pàrlamaid na h-Alba

There had been circulated Report No HLB/058/15 on the Call for Evidence from the Scottish Parliament’s Health and Sport Committee on the Alcohol (Licensing, Public Health and Criminal Justice) (Scotland) Bill inviting the Board to agree a response to the call for evidence.

The Clerk advised that his draft response to the Bill was attached at Appendix 2 to the Report and he proceeded to outline his concerns in regard to Clauses 4 and 5 of the Bill as detailed in his response. 

In response to questions, the Clerk also advised that in addition to the above there were also other parts of the Bill that were of concern and that Members may wish to comment on. The Chair commented that the Bill was not well drafted and expressed concern that some of the proposals contained in the Bill would not be workable in practice, and would not help address the issues around alcohol abuse. 

In discussion Members indicated that while they supported the terms of the Clerk’s response it would be helpful if Members were allowed more time to consider and submit any further responses to allow him to finalise a response by the application deadline.  

Thereafter, the Board APPROVED the draft response attached to the Report and agreed to allow Members until 5.00pm on Monday 22 June to e-mail any further responses to the Clerk to allow him to finalise a response by the deadline of 24 June 2015. 

8. 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/059/15 detailing Licences which had been granted under delegated powers by the Clerk to the Board during the period 29 April 2015 to 2 June 2015 and inviting the Board to note the Report. 

The Board NOTED the report. 

9. 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/060/15 detailing Occasional Licences and Extended Hours Applications which had been granted under delegated powers by the Clerk to the Board during the period 29 April 2015 to 2 June 2015 and inviting the Board to note the Report. 

The Board NOTED the report. 

10. Licensing (Scotland) Act 2005
Applications for New Premises Licences
Achd na Ceadachd (Alba) 2005
Larrtas airson Cheadachdan Thogalaichean Ura 

10.1 Ref: HC/INBS/580
Applicant: The Partnership of Cafe Eighty 2, Lewiston, Drumnadrochit, per Danielle Menzies and Ailsa Ann Menzies.
Premises: Café Eighty 2, Lewiston, Drumnadrochit.
Type: On Sales  

There had been circulated Report No HLB/061/15 by the Clerk inviting the Board to determine the application. 

The Board AGREED to grant the application subject to the mandatory conditions and the local conditions detailed in the Report. 

10.2 Ref: HC/RSL/1736 
Applicant: Andrew Bell 
Premises: Ardmorn Holiday Accommodation, Ardmorn, Roskill, Dunvegan, Isle of Skye
Type: On Sales 

There had been circulated Report No HLB/062/15 by the Clerk inviting the Board to determine the application.

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

10.3 Ref: HC/CSER/1737
Applicant: Zakir Hossain
Premises: Pride of Bengal, 53 Princes Street, Thurso
Type: On Sales

There had been circulated Report No HLB/063/15 by the Clerk inviting the Board to determine the application. 

The Board AGREED to grant the application subject to the mandatory conditions and the specific condition detailed in the report. 

10.4 Ref: HC/RSL/1740
Applicant: Andrea Woodward
Premises: Deli Craft, 61 High Street, Fort William, 
Type: Off Sales

There had been circulated Report No HLB/064/15 by the Clerk inviting the Board to determine the application.

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

10.5 Ref: HC/RSL/1741
Applicant: Partnership of Toby and Mary Fichtner-Irvine
Premises: Gallanach Lodge, Isle of Muck
Type: On Sales 

There had been circulated Report No HLB/065/15 by the Clerk inviting the Board to determine the application.

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

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

11.1 Ref: HC/INBS/ 326
Applicant: Kingsmills Hotel (Inverness) Ltd, 52-54 Rose Street, Aberdeen AB10 1HA per Craig Ewan, agent.
Premises: Kingsmills Hotel, Culcabock Road, Inverness 
Type: On and Off Sales

There had been circulated Report No HLB/066/15 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. 

11.2 Ref: HC/INBS/290
Applicant: Newtonmore Golf Club, Golf Course Road, Newtonmore 
Premises: Newtonmore Golf Club, Golf Course Road, Newtonmore 
Type: On Sales

There had been circulated Report No HLB/067/15 by the Clerk inviting the Board to determine the application.

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

11.3 Ref: HC/INBS/234
Applicant: Sutherland Bars Limited, Marine Hotel, Station Road, Mallaig, per Lorna Murray, 45 Culduthel Road, Inverness 
Premises: Scotch and Rye (formerly City Bar 21) Queensgate, Inverness 
Type: On and Off Sales

There had been circulated Report No HLB/068/15 by the Clerk inviting the Board to determine the application. A timeous representation had been received by e-mail dated 20 April 2015 from the Council’s Environmental Health Office, a copy of which was attached in the Appendix to the Report. 

The Clerk advised the Board that the Applicant’s address was Marine Hotel, Station Road, Mallaig PH41 4PY and not as shown on the Agenda. 

The Board AGREED to grant the application subject to the existing local condition I being removed, the mandatory conditions, the existing local conditions and the additional local and specific conditions detailed in the Report. 

11.4 Ref: HC/RSL/0821
Applicant: Praban Na Linne Ltd
Premises: Praban Na Linne Ltd, Eilean Iarmain, Isle of Skye
Type: Off Sales

There had been circulated Report No HLB/069/15 by the Clerk inviting the Board to determine the application.

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

11.5 Ref: HC/RSL/0279
Applicant: Crerar Gairloch Limited, The Ca'D'oro, 45 Gordon Street, Glasgow 
Premises: The Sheiling (Formerly Loch Inn), Auchtercairn, Gairloch, Rossshire
Type: On and Off Sales  

There had been circulated Report No HLB/070/15 by the Clerk inviting the Board to determine the application. 

The Board AGREED to grant the application subject to the existing local conditions, the mandatory conditions, the existing local conditions and the additional local and special conditions detailed in the Report. 

11.6 Ref: HC/RSL/1264
Applicant: Strathpeffer Pavilion Association Ltd., per Manager Andrew William MacRae.
Premises: Strathpeffer Pavilion, The Square, Strathpeffer
Type: On Sales

Declaration of Interest:- The Convener declared a non-financial interest in this item on the basis that he was a Highland Council Member for Ward 06: Wester Ross, Strathpeffer and Lochalsh in which the Strathpeffer Pavilion was located, and left the Chamber for the determination of this item.

The Vice Convener took the Chair for this item.

There had been circulated Report No HLB/071/15 by the Clerk inviting the Board to determine the application. In response to the application timeous notices of representation had been received from the Council’s Planning and Building Standards Service and from Arthur and Margaret Scott, Craigvar, The Square, Strathpeffer copies of which were appended to the Report.  

Mr A Macrae, Premises Licence Holder, spoke in support of the application during which he responded to the points raised in the representations as follows:- 

• the consumption of alcohol was not permitted outside at the front of the Pavilion, and that during functions and events security was employed to ensure that patrons used the area to the front of the premises for the purposes of smoking or having a conversation only; there was also appropriate signage at the premises in this regard; and
• the Pavilion was generally closed apart from when there was a function or event on at the premises; there was a restaurant located within the premises which was open most days of the week, but this was located to the back of the premises away from Mr and Mrs Scott’s bed and breakfast establishment;

Mr A Scott then spoke in relation to his representation during which he advised that he was the owner of the neighbouring bed and breakfast establishment ‘Craigvar’ and commented as follows:-

• it was in the interests of all to ensure the Pavilion was a success and that he and his wife had been supportive since it had opened; in the past any complaints had been listened to and usually acted upon; however with changes in personnel at the Pavilion any changes which it had been promised would be put in place had effectively not happened; 
• his main concern related to noise disturbance arising from the building during functions and events and in particular the numerous occasions when he had observed customers consuming alcohol on the veranda at the front of the Pavilion, and the detrimental impact this had on both his residential amenity and that of his guests; 
• in his representation he had requested that the windows and doors facing his property on the east side of the Pavilion be kept closed during functions and events on the east side of the premises facing his property and not the ‘north’ side as stated in the recommended conditions set out in the Clerk’s Report;
• clarification be provided in regard to the arrangements for recording and monitoring noise levels at the Pavilion and in regard to enforcement action in regard to any breach of conditions in this regard; and
• concern at the adequacy of the current signage and stewarding arrangements which were currently in place at the premises; he advised that to his knowledge stewards were not employed for some of the larger events such as weddings.

The Licensing Standards Officer suggested that in regard to a point raised by Mr Scott, the recommended specific condition set out at paragraph 8.4 of the Clerk’s Report be amended by deleting ‘’on the north side’’ and replacing with ‘’on the side facing Craigvar’’.

In response to questions from Members, Mr Macrae advised that while guests were encouraged to use the outside area to the rear of the Pavilion they could not be prevented from using the veranda at the front of the building. He also advised that a policy was in place at the Pavilion that windows be kept closed on the side of the building facing ‘Craigvar’. Security was in place for all weddings and large events and he had a decibel meter application on his mobile phone and had on occasions asked bands to reduce volume when required.  

In response to further questions, Mr Scott indicated that in regard to the recommended conditions he had requested that the outdoor drinking area should not be used after 2000hrs, noting that a limit of 2100hrs was recommended in the Clerk’s Report. He also advised that he had no issue with the outdoor drinking area located at the back of the Pavilion and reiterated that his main concern related to the open veranda at the front of the building which he suggested was not stewarded properly.  

In summary, Mr Macrae provided an assurance that stewards were employed for weddings and large events from 8pm onwards and that there was a strict policy and signage in place that no glasses or alcohol should be taken to the area outside the front of the Pavilion. The only events which were not covered by stewarding might be orchestra concert events or events of a similar nature. 

Mr Scott advised that he was in possession of video evidence which showed that alcohol was being consumed outside at the front of the building and in regard to the level of noise and disturbance arising from this part of the premises. He sought clarification in regard to how compliance with the conditions recommended in the Clerk’s Report would be monitored and enforced. He also sought further clarification on the nature of the proposed food take away operation. The Clerk advised that the issue of takeaway food was a separate matter to be dealt with under planning legislation and street trader licensing and was therefore not relevant to the Board’s determination of the application. 

Thereafter, the Licensing Standards Officer advised that the issues raised in the representation could to a large extent be controlled and managed during functions but that it was more difficult to control the noise associated with guests exiting the premises at the end of the evening. However he was confident the issues raised in representation could be managed through the conditions to assist neighbouring residents.  

During the debate on the application, Members raised the following points:-

• that the condition recommended in the Clerk’s Report that the outdoor drinking area should not be used after 2100hrs was reasonable; 
• that the Board should insist on stewards being present at functions or concerts to minimise any noise disturbance including that associated with guests exiting the premises; stewards should also focus more on ensuring guests were moved off the veranda at the front of the building if they were causing any noise and disturbance; and
• the potential for there to be only one smoking area located to the rear of the premises.

Following further discussion and on hearing further from the Clerk, the Board AGREED:-

i. to grant the application subject to the existing local conditions, the mandatory conditions, the existing local conditions and the additional local and specific conditions detailed in the Report with the following amendment/additions; 

The specific condition at 8.4 of the Report be amended by deleting ‘’on the north side’’ and replacing with ‘’on the side facing Craigvar’’; and an additional condition requiring adequate stewarding to be in place when functions or concerts are taking place.

11.7 Ref: HC/RSL/0460
Applicant: Lochaber Hotels Limited
Premises: Moorings Hotel, Banavie, Fort William
Type: On and Off Sales

There had been circulated Report No HLB/072/15 by the Clerk inviting the Board to determine the application. 

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

12. Licensing (Scotland) Act 2005 Section 83 – Review of Personal Licence – Notice of Conviction
Achd Cheadachd (Alba) 2005, Earrann 83 – Ath-sgrùdadh air Ceadachd Phearsanta – Brath Dìtidh

12.1 Licence Holder: Iqbal Mohammed HC/INBS/PERS/1087

There had been circulated Report No HLB/072/15 by the Clerk advising that under Section 83 of the Act, the Board had received a relevant notice of conviction from Police Scotland with the recommendation that for the purposes of the licensing objective of preventing crime and disorder that the personal licence held by Mr I Mohammed (HC/INBS/PERS/1087) be suspended or endorsed.

The Board heard from Sergeant Gray, Police Scotland in relation to the Licence Holder in regard to the reasons why it was considered that the conviction breached the licensing objective of preventing crime and disorder. 

In discussion, Members advised that given the nature of offence and the fact had the licence holder had not incurred any further convictions since 2011 that no action be taken on this matter.

The Board AGREED to take no action in regard to the Licence Holder. 

13. Additional Urgent Item – Transfer of Premises Licence 

With the agreement of the Convener, the Board agreed to consider the following item as an additional urgent item of business on the basis that under the provisions of the Licensing (Scotland) Act 2005, the Clerk had no delegated authority to grant the transfer and to avoid any delay in the determination the application given that the next Board meeting was not due to be held until 12 August 2015.

13.1 Premises: Drummossie Hotel, Old Perth Road, Inverness 
Applicant: Drumossie Hotel Limited

The Clerk reported that in response to the above application notification had been received from Police Scotland that a Director of the applicant company had been convicted of a road traffic offence and disqualified from driving for a period of 12 months. He advised that the Police were obliged to bring this information to the attention of the Board as it was a relevant conviction but that they had no objections to the grant of the transfer of a premises licence. 

The Clerk explained that in terms of the Licensing (Scotland) Act 2005 he was obliged to bring this matter to the attention of the Board as he had no delegated powers to grant the licence. He therefore had brought it to the Board as an urgent item to avoid any delay in the processing the transfer of the licence, noting that the next meeting of the Board was not due to take place until 12 August 2015.  

The Board AGREED to grant the application for the transfer of the premises licence. 

The meeting ended at 2.55pm.