3 November 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, 3 November 2015 at 1.00 am (following the Highland Licensing Committee commencing at 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

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. Confirmation of Minutes
Dearbhadh a’ Gheàrr-chunntais

There is submitted for confirmation as a correct record the minute of the meeting of the Highland Licensing Board held on 6 October 2015. 

4. 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/110/15 detailing licences which have been granted under delegated powers by the Clerk to the Board during the period 23 September 2015 to 20 October 2015 and inviting the Board to note 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 is circulated Report No HLB/111/15 detailing Occasional Licences and Extended Hours applications which have been granted under delegated powers by the Clerk to the Board during the period 23 September 2015 to 20 October 2015 and inviting the Board to note the Report.

6. Licensing (Scotland) Act 2005 
Applications for variation (major) to premises licences
Achd Ceadachd (Alba) 2005
Iarrtasan airson Caochladh (Mòr) a thaobh Ceadachdan Thogalaichean

6.1 Ref: HC/RSL/0785
Applicant: Margaret Ann Jagger
Premises: Central Restaurant, Bayfield Lane, Portree, Isle of Skye, IV51 9EL
Type:  On Sales

Variation: 

1. Remove condition in relation to alcohol being sold ancillary to a meal.
2. Increase core hours to commence from 1100 hours on Sundays.
3. Increase terminal hour to 2300 hours on Mondays to Sundays.
4. Remove seasonal variation to permit premises to remain open all year.
5. Include live performances as an activity.
6. Amend children’s policy to permit children unaccompanied until 1800 hours.

There is circulated Report No HLB/112/15 by the Clerk.

6.2 Ref: HC/INBS/276
Applicant: Earnpark Ltd, 4 Knockbain, Kirkhill, Inverness IV5 7PL per Lorna Murray, 45 Culduthel Road, Inverness IV2 4HQ
Premises: Hootananny/Sofa Bar/The Top Bar, 67 Church Street, Inverness IV1 1DR
Type:  On and Off Sales

Variation:

The Top Bar

1. Variation to Operating Plan
a. On Sales hours:
Sunday to Thursday 1100 hours to 0100 hours
Friday and Saturday 1100 hours to 0200 hours
b. Increase in capacity: 35 plus 

2. Variation to Layout Plan
Extend footprint print of the licence to include a new bar on the second floor to be known as the Top Bar.

3.  Variation to Premises Licence

'Licensed public house, restaurant and late night entertainment venue accommodated over three floors within a detached property in a central location in the city of Inverness. Outside drinking and smoking facilities. The ground floor premises trade as Hootananny, a family friendly pub/restaurant/ entertainment venue with an emphasis on live music. The second floor premises trade as the Top Bar. The core on sales hours for Hoonananny and The Top Bar are to 0100 hours on Mondays to Thursdays and on Sundays, and to 0200 hours on Fridays and Saturdays. Off Sales are available only in Hootananny. The Sofa Bar is accommodated on the first floor. The Sofa Bar operates as a late night entertainment venue with its own dance floor and professional sound and lighting facilities. The core on-sales trading hours in respect of the Sofa Bar are daily from 1900 hours to 0300 hours.' 

There is circulated Report No HLB/113/15 by the Clerk. A representation dated 14 October 2015 has been received from the Fire Safety enforcement Officer and is attached as Appendix 1 to the report. 

6.3 Ref: HC/INBS/53
Applicant: Speyside Heather Centre per Iain Lambie, Dulnain Bridge, Inverness shire PH26 3PA
Premises: Speyside Heather Centre, Dulnain Bridge, PH26 3PA
Type:  On and Off Sales

Variation:

Amend operating plan:

1. Provision of on sales Monday to Sunday 1100 hours to 2400 hours.
2. Amendment of Off Sales to Monday to Sunday 1000 hours to 2200 hours
3. Additional activities: Receptions, live performances, outside drinking, all within and outwith core hours.
4. Amend children's policy in line with on sales provision.
5. Amend capacity for restaurant, function/tasting room and outdoor drinking area.
6. Add whisky tastings to S5(e).

Premises Licence:

Amend description: Visitor Centre/garden centre incorporating gift shop with off sales area, a licensed restaurant and a licensed function/tasting room on the first floor.

Layout Plan:

Amended to include function/tasting room with increase in capacity of 15 persons

There is circulated Report No HLB/114/15 by the Clerk.

6.4 Ref: HC/INBS/282 
Applicant: HFS Highland Limited, Bank Chambers, 3 Churchyardside, Nantwich Cheshire, CS5 5DE per Ms P. Bates
Premises: Muckrach Lodge Hotel and Restaurant, Dulnain Bridge, Grantown on Spey PH26 3LY
Type:  On and Off Sales

Variation:

Operating Plan:

Increase core hours-

On Sales

1. Saturday to 0100 hrs
2. Sunday 1100 hours to 0100 hrs

Off Sales

3. Sunday from 1000 hrs
4. Seasonal variation to include the Board's festive policy.
5. Include additional activities: gaming, indoor/outdoor and televised sports and music within and outwith core hours. 
6. Music and live performances outwith core hours
7. Amend 5(f) other activities: ' Use of marquees in the hotel grounds. Use of all the hotel grounds to host functions in accordance with individuals' needs and requirements. Weddings and other events.'
8. Update Children's policy.

Layout Plan:

Update floor plans for hotel and annex bedrooms.

Amend Premises Licence description:

Muckrach Country House Hotel and restaurant is a full service hotel situated in its own 10 acres located approx. 0.6km to the west of Dulnain Bridge on the Carrbridge Road (A938). There are 13 bedrooms including 2 bedrooms in the adjacent annex. Muckrach has operated as a hotel since the 1950's. There is a full service bar and restaurant both of which are open to residents and non residents. A terrace is available for dining and drinking. The bar also serves as one of the lounges. 

There is circulated Report No HLB/115/15 by the Clerk. 

7. Licensing (Scotland) Act 2005 Section 74 - Hearing to consider and determine an application for Personal Licence
Achd Ceadachd (Alba) 2005 Earrann 74 - Èisteachd gus beachdachadh air iarrtasan airson ceadachd phearsanta 

7.1 Applicant: Liam Chalmers

There is circulated Report No HLB/116/15 by the Clerk. 

8. The Gambling Act 2005
Achd na Cearrachd 2005

8.1 Application for Gaming Machine Permit for 3 machines 
Ref: HC/RSL/LPGMP/1556
Applicant: J D Wetherspoon (Scot) Limited
Premises: Great Glen, 98-104 High Street, Fort William, PH33 6DX

There is circulated Report No HLB/117/15 by the Clerk.

9.  Dates of Meetings in 2016
Cinn-latha Choinneamhan ann an 2016

The committee is asked to note the dates for meetings in 2016 which will be circulated at the meeting after being agreed at The Highland Council on 29 October 2015. All meetings will take place in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness.  

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

Present:

Dr I Cockburn, 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
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
Mr J Williamson, Licensing Enquiry Officer, Police Scotland 

Item 6.2: Mrs L Murray, Solicitor for the Applicant
Item 8.1: Mr G Rennie, for the Applicant

Briefing on Protocol for Webcasting of Meetings 

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

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

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 minute of meeting of the Board held on 6 October 2015.  

The Minute was 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/099/15 detailing licences which had been granted under delegated powers by the Clerk to the Board during the period 23 September 2015 to 20 October 2015.

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/100/15 detailing occasional licences and extended hours applications which had been granted under delegated powers by the Clerk to the Board during the period 23 September 2015 to 20 October 2015.

The Board NOTED the report.

6.  Licensing (Scotland) Act 2005
Applications for variation (major) to premises licences
Achd Ceadachd (Alba) 2005
Iarrtasan airson Caochladh (Mòr) a thaobh Ceadachdan Thogalaichean

6.1 Ref: HC/RSL/0785
Applicant: Margaret Ann Jagger
Premises: Central Restaurant, Bayfield Lane, Portree, Isle of Skye, IV51 9EL
Type: On Sales

There had been circulated Report No HLB/112/15 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/INBS/276
Applicant: Earnpark Ltd, 4 Knockbain, Kirkhill, Inverness IV5 7PL per Lorna Murray, 45 Culduthel Road, Inverness IV2 4HQ
Premises: Hootananny/Sofa Bar/The Top Bar, 67 Church Street, Inverness IV1 1DR
Type: On and Off Sales

There had been circulated Report No HLB/113/15 by the Clerk which advised that timeous notices of representation dated 14 October 2015 has been received from the Fire Safety Enforcement Officer and the Council’s Building Standards, copies of which were attached at Appendix 2 and 3 of the report.

Mrs L Murray for the applicant, gave an undertaking on behalf of the licence holder that the new bar at the premises would not be used until all the concerns of the Fire and Rescue Service had been addressed and also until a completion certificate and building warrant had been issued. She advised that the Firemaster was aware that works at the premises were ongoing in this regard and were due to be completed by the end of the week, and was content for the application to be granted on this basis.

The Board AGREED to grant the application subject to the mandatory conditions and the existing and new local conditions detailed in the Report. The Board further NOTED the undertaking given on behalf of the applicant not to use the new bar until all the concerns of the Scottish Fire and Rescue service had been addressed and a completion certificate and building warrant issued. 

6.3 Ref: HC/INBS/53
Applicant: Speyside Heather Centre per Iain Lambie, Dulnain Bridge, Inverness shire PH26 3PA
Premises: Speyside Heather Centre, Dulnain Bridge, PH26 3PA
Type: On and Off Sales

There is circulated Report No HLB/114/15 by the Clerk inviting the Board to determine the application.

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

6.4 Ref: HC/INBS/282
Applicant: HFS Highland Limited, Bank Chambers, 3 Churchyardside, Nantwich Cheshire, CS5 5DE per Ms P. Bates
Premises: Muckrach Lodge Hotel and Restaurant, Dulnain Bridge, Grantown on Spey PH26 3LY
Type: On and Off Sales

There had been circulated Report No HLB/115/15 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 new local and special conditions detailed in the Report. 

7.  Licensing (Scotland) Act 2005 Section 74- Hearing to consider and determine an application for personal licence
Achd Ceadachd (Alba) 2005 Earrann 74 - Èisteachd gus beachdachadh air iarrtasan airson ceadachd phearsanta

7.1 Applicant: Liam Chalmers

There had been circulated Report No HLB/116/15 by the Clerk in connection with an application for a personal licence by Liam Chalmers. The report advised that under Section 73 of the Licensing (Scotland) Act, Police Scotland had timeously intimated that they objected to Mr Chalmer’s application.

The Clerk clarified that this item had been postponed from the last meeting of the Board on 6 October 2015 to allow Mr Chalmers a further opportunity to attend. However he confirmed that Mr Chalmers was not present at the meeting and had not contacted him to explain his absence. Therefore he advised that the hearing should proceed without Mr Chalmers being present.

Thereafter, the Clerk explained that the Board would not be assessing whether the applicant was a fit and proper person to be a personal licence holder. Rather they would be assessing whether, on the basis of the evidence, the Board was satisfied that it was necessary to refuse to grant the application for the purposes of any of the licensing objectives, particularly those of crime prevention and securing public safety. He explained that there were no unspent convictions listed in the Police objection and as the Board could not have regard to spent convictions they should also disregard any intelligence entries which may relate to spent convictions. In addition many of the intelligence entries were not sufficiently specified to allow the applicant a fair opportunity to understand and respond to what was being alleged, noting that although not present the applicant was still entitled to a fair hearing. In addition there were also intelligence entries listed in the Police letter which did not suggest criminal activity or inappropriate behaviour on the part of the applicant and he advised the Board to disregard these entries.

The Clerk further advised that the Board was entitled to have regard to the incidents listed in the Police objection where the applicant had come to their attention but which had not resulted in court proceedings, but should consider what weight should be attached to this evidence taking into account the nature, age and gravity of the alleged offence and the length of time between the last alleged offence and the application.

Sergeant B Gray then spoke in relation to Police Scotland’s letter of objection during which he confirmed that in terms of Section 73(3)(b) of the Licensing (Scotland) Act 2005 the applicant had been convicted of relevant offences and in terms of the Rehabilitation of Offenders Act 1974 these convictions were now spent. He also read out the full terms of the Police objection in regard to incidents where the applicant had come to Police attention but no court action taken, and also intelligence entries, dated between November 2005 and June 2015, during which he redacted specific information contained in the letter taking into account the advice of the Clerk in regard to information relating to spent convictions. He also observed that in regard to the intelligence entries, cases were regularly presented to the court which had no known time, date or locus in regard to the alleged offence and that these cases were regularly upheld with a guilty verdict.

In conclusion Sergeant Gray advised that the Chief Constable therefore recommended that the application be refused having regard to the licensing objectives of crime prevention and securing public safety.

During discussion, Members raised the following points:-

• concern that the applicant had been afforded two opportunities to attend the Board to present his case at a hearing but had failed to attend; 
• that the Police objection demonstrated that the applicant had a history of continued involvement with drugs and therefore that the application should be refused having regard to the licensing objectives of preventing crime and disorder and securing public safety.

The Board AGREED to refuse the application for the purposes of the following licensing objectives: preventing crime and disorder and securing public safety given the applicant’s history of involvement with drugs.

8.  The Gambling Act 2005
Achd na Cearrachd 2005

8.1 Application for Gaming Machine Permit for 3 machines
Ref: HC/RSL/LPGMP/1556
Applicant: J D Wetherspoon (Scot) Limited
Premises: Great Glen, 98-104 High Street, Fort William, PH33 6DX

There had been circulated Report No HLB/117/15 by the Clerk in connection with an application to increase the provision of Category C machines in the above premises from two to three machines.

The Clerk confirmed that he had circulated the Board with a copy of the applicant’s policy on licensed premises gaming machines.

Mr G Rennie for the applicant, spoke in support of the application during which he advised that the gaming machine would be located directly across from the bar directly in sight of staff who would monitor the machine to ensure it was not being used by persons under the age of 18. He also explained that a third machine was warranted at the premises based on the value of money going through the existing machines.

In response to a question, the Clerk advised that it would be difficult in practical terms for the machines not to be visible to under 18s at the premises and suggested that the applicant’s policy was robust given that the machine would be positioned opposite the bar in direct sight of the bar staff.

Thereafter, the Board AGREED to grant the application. 

9.  Dates of Meetings in 2016
Cinn-latha Choinneamhan ann an 2016

The Committee NOTED the following dates for 2016, as agreed at The Highland Council on 29 October 2015. All meetings would take place in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness:

5 January, 2 February, 29 March, 10 May, 14 June, 9 August, 4 October, 1 November and 6 December.

The meeting ended at 1.25pm.