21 July 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, 21 July 2015 at 11.00 am (following the Highland Licensing Committee commencing 10.00 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

Convener – Dr Ian Cockburn

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 Section 36 request for a review hearing – premises licence
Achd Ceadachd (Alba) 2005 Earrann 36 – iarrtas airson eisteachd athbhreithneachaidh– ceadachd thogalaichean

3.1 licence holder: Graham J McMenemy, Ben View Hotel, Strontian, PH36 4HY
Premises: Ben View Hotel, Strontian, PH36 4HY

There is circulated Report No HLB/074/15 by the Clerk.

4. Licensing (Scotland) Act 2005 Section 84A– review of personal licence
Achd Cheadachd (Alba) 2005, Earrann 84A –Ath-sgrùdadh air Ceadachd Phearsanta

4.1 licence holder: Graham J McMenemy

There is circulated Report No HLB/075/15by the Clerk.

Minute of the meeting of the Highland Licensing Board held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness, on Tuesday 21 July 2015 at 11.00 pm. 

Present: 

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

In Attendance: 

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

Also in Attendance: 

Acting Inspector D Campbell, Police Scotland 

Dr I Cockburn in the Chair 

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 Ms M Smith.

2. Declarations of Interest 
Foillseachaidhean Com-pàirt 

There were no declarations of interest.  

The following items were taken together as the premises licence holder and the personal licence holder were the same person.

3. Licensing (Scotland) Act 2005 Section 36 request for a review hearing - premises licence
Achd Ceadachd (Alba) 2005 Earrann 36 – iarrtas airson eisteachd athbhreithneachaidh – ceadachd thogalaichean

3.1 licence holder: Graham J McMenemy, Ben View Hotel, Strontian, PH36 4HY
Premises: Ben View Hotel, Strontian, PH36 4HY

There had been circulated Report No HLB/074/15 by the Clerk.

The Legal Manager stated that Mr McMenemy had been notified of the meeting today but was not present.

The Board heard from Inspector Campbell in relation to the police application for review of the premises licence. 

The Committee AGREED:

1. to issue a written warning to the licence holder; and
2. to vary the premises licence by adding a condition requiring the presence of a personal licence holder on the premises at all times when alcohol is sold, on the grounds that the licence holder’s conduct was inconsistent with the following licensing objectives:
   preventing crime and disorder and
   securing public safety.

4. Licensing (Scotland) Act 2005 Section 84A – review of personal licence Achd Cheadachd (Alba) 2005, Earrann 84A – Ath-sgrùdadh air Ceadachd Phearsanta 

4.1 licence holder: Graham J McMenemy

There had been circulated Report No HLB/075/15 by the Clerk.

The Board heard from Inspector Campbell in relation to the police application for review of the personal licence.  

The Committee AGREED to suspend the personal licence for a period of 6 months on the grounds that the licence holder’s conduct was inconsistent with the following licensing objectives: preventing crime and disorder; and securing public safety.

The meeting ended at 11.10 am.