25 June 2019: Highland Licensing Board

A meeting of the Highland Licensing Board will take place in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Tuesday, 25 June 2019 at 1.00 pm (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

Claire McArthur
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 14 May 2019.

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/057/19 detailing Licences which have been granted under delegated powers by the Clerk to the Board during the period 2 May 2019 to 12 June 2019 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/058/19 detailing Occasional Licences and Extended Hours Applications which have been granted under delegated powers by the Clerk to the Board during the period 2 May 2019 to 12 June 2019 and inviting the Board to note the Report.

6.  Consultation on reviewing the fee for occasional licences and considering a limit on the number and duration of occasional licences
Co-chomhairle mu bhith ag ath-sgrùdadh na cosgais a thaobh cheadachdan airson thachartasan agus beachdachadh air cuingealachadh a chur air àireamh is ùine cheadachdan airson thachartasan

There is circulated Report No HLB/059/19 by the Clerk to the Board inviting the Board to approve the draft consultation response as set out at Appendix 2 in relation to the Scottish Government’s proposals for occasional licences reform and submit the response to the Scottish Government by 16 July 2019.

7.  The Highland Licensing Board Annual Financial Report 2018-19
Aithisg Ionmhasail Bhliadhnail Bòrd Ceadachd na Gàidhealtachd 2017/18

There is circulated Report No HLB/060/19 by the Clerk to the Board inviting the Board to approve the Board’s third annual Financial Report for publication in accordance with Section 9B of the Licensing (Scotland) Act 2005.

8.  The Highland Licensing Board Annual Functions Report 2018-19 
Aithisg Dhreuchdan Bhliadhnail Bòrd Ceadachd na Gàidhealtachd 2017/18

There is circulated Report No HLB/061/19 by the Clerk to the Board inviting the Board to approve the Board’s second annual Functions Report for publication in accordance with section 9A of the Licensing (Scotland) Act 2005.

9.  Licensing (Scotland) Act 2005
Application for variation (major) to provisional premises licences
Achd Ceadachd (Alba) 2005
Iarrtasan airson caochladh (mòr) a thaobh ceadachdan thogalaichean

9.1  Ref: HC/INBS/171
Applicant:  Lorraine Elliot, Old Minister’s Guest House, Rothiemurchus, Inverdruie, Aviemore, PH22 1QH per Robin Morton, 3/2 The Printworks, 14 Norval Street, Glasgow, G11 1PD
Premises:  The Highland Line (formerly Roo’s Leap), Grampian Road, Aviemore, PH22 1PD
Type:  On sales

Variation:

1.  Q1(c) Yes to both On and Off sales.

2.  Q2  Amend On Sales commencement time on Sunday to 11.00 hrs.

3.  Add Off sales hours Monday to Sunday: 10.00 to 22.00 hrs.

4.  Q4 Add paragraph allowing premises to take advantage of Board's general  extensions at Festive period.

5.  Q5(a) Yes to bar meals Column 2,3,and 4.

6.  Q5(b) Yes to receptions, weddings, club or group meetings, etc., columns 2,3,and 4.

7.  Q5(c) Yes to live performance, dance and films, Columns 2 and 3.

8.  Q5(c) Yes to televised sport Columns 2, 3 and 4.

9.  Q5(d) Yes to outside drinking Columns, 2,3 and 4.

10.Q5  Add to box re. Column 4 activities: "Breakfasts, restaurant, bar meals, teas, coffees, etc., receptions, meeting facilities, community use, background music, televised sport, may take place outwith the core licensed hours from 09.00 hrs to 11.00 hrs when no alcohol will be served."

11. Q5(f) Add tutored specialist spirit, wine, craft beer tastings.

12. Q6(b) Amend to add: "Children and young persons may enter the premises for meals, snacks and soft drinks and for functions on terms which will secure compliance with the Licensing Objective of Protection Children and Young Persons from harm, consistent with Section 4 of the Licensing (Scotland) Act 2005.  Further the Premises Licence Holder, Personal Licence Holder and Management and staff will adhere to the terms of The Highland Board's Licensing Policy Statement.  Children under 12 will be required to be accompanied by and supervised by a person or persons over 18.  Children of 12 and over and Young Persons may access the premises unaccompanied by an adult, all subject to adherence with Clause 2.5 of the Board's Licensing Policy Statement 2018 to 2023 and successors thereof.

13. Q6(c) Amend to 0-17 years, Q6(d) Amend to "Children will require to vacate the premises by 22.00 hrs.  Young persons may remain until the terminal hours.  When attending a function accompanied children and young persons may remain until the end of the function."

14. Q6(d) Amend to read "All public parts".

15. Q7 On sales Internal capacity 97. External capacity 21. Off sales capacity 2.8M2.

16.  Change of premises name to 'The Highland Line'.

There is circulated Report No HLB/062/19 by the Clerk.

9.2  Ref:  HC/RSL/1762
Applicant:  Christopher Watkiss, Redwood House, Greshornish, Edinbane, Isle of Skye, IV51 9PN
Premises:  Redwood House, Greshornish, Edinbane, Isle of Skye, IV51 9PN
Type:  On sales and off sales

Variation:

1. Vary description of the premises;
2. To list of activities during and outwith core hours add televised sport, theatre, films, gaming, indoor/outdoor sports and bar meals;
3. At Q5 add charity and fundraising events, corporate events, live streaming of artistic performances, gallery showings, food and drink tastings.  Premises may be used as a base for sporting and health activities and, from time to time, a marquee or other temporary structure may be erected in the grounds in support of functions and events;
4. Increase capacity from 12 to 150 persons;
5. Layout plan –

1. Extension to premises and relocation of bar and restaurant areas;
2. Extend licensed area to include a larger outdoor drinking area.

There is circulated Report No HLB/063/19 by the Clerk.

9.3  Ref:  HC/RSL/1501
Applicant:  Mars Black Sheep Hotels Limited, 9 Thornton Place, London, W1H 1FG
Premises:  Cluanie Inn, Glenmoriston, Inverness-shire, IV63 7YW
Type:  On sales and off sales

Variation:

1. Change of name of premises licence holder from Mars Invergarry Hotel Limited to Mars Black Sheep Hotels Limited;
2. Amend premises description;
3. Q5 of operating plan - remove “films” from list of activities;
4. Increase capacity from 97 to 173;
5. Change of premises manager;
6. Amendment to layout plans – revised plans have been submitted including the entirety of the premises within the licensed footprint thereby increasing the capacity of the premises as reflected in the operating plan.

There is circulated Report No HLB/064/19 by the Clerk.

Minute of the meeting of the Highland Licensing Committee held in the Council Chamber, Glenurquhart Road, Inverness on Tuesday 25 June 2019 at 10.00 am.

Present:

Mrs J Barclay, Mr J Bruce, Mr G Cruickshank, Mr A Jarvie, Mrs L MacDonald (Vice-Chair), Mr W Mackay (by video conference from Wick), Mrs P Munro, Mr K Rosie and Mr C Smith.

In attendance:

Miss C McArthur, Principal Solicitor (Regulatory Services)
Mr M Elsey, Senior Licensing Officer
Mrs A MacArthur, Administrative Assistant

Also attending:

Sergeant B Gray, Police Scotland
Mr J Williamson, Police Scotland

The Chair confirmed that the meeting would be webcast and gave a short briefing on the Council’s webcasting procedure and protocol.

Business

1.  Apologies for absence
Leisgeulan

Apologies for absence were received from Dr I Cockburn and Mrs E Knox. 

2.  Declarations of interest
Foillseachaidhean Com-pàirt

There were no declarations of interest.

3.  Confirmation of minutes
Dearbhadh a’ Gheàrr-chunntais

There had been submitted for confirmation as a correct record the minute of meeting of the Committee held on 14 May 2019 which was APPROVED.

Mr K Rosie advised that a licensing event had taken place in Wick over the weekend.  The Police had attended and the organisers stated that the Police had engaged with the crowd and it had been very well received.

4.  Licences granted under delegated powers                              
Ceadachdan a bhuilicheadh fo ùghdarras air a thiomnadh

There had been circulated Report No HLC/032/19 by the Principal Solicitor which detailed all licences which had been granted under delegated powers under the Civic Government (Scotland) Act 1982 in the period from 2 May 2019 to 12 June 2019.

5.  Pending applications – 3 monthly considerations                      
Iarrtasan ri thighinn – beachdachaidhean 3 mìosach

There had been circulated Report No HLC/033/19 by the Principal Solicitor relating to applications which were currently pending for the grant or renewal of licences under the Civic Government (Scotland) Act 1982.

The Committee AGREED to defer the determination of the applications, either to:

(a) allow them to be approved under delegated powers in the event that no objections/representations are received and all outstanding documentation has been received from the applicants; or

(b) a future meeting of the Committee when the applications will be determined in terms of the Hearings Procedure.

6.  Civic Government (Scotland) Act 1982
Public Entertainment Licences
Achd Riaghaltais Chatharra (Alba) 1982
Ceadachdan Aoigheachd Phoblaich

6.1  Premises: Invershin Village Hall, Invershin, Lairg

There had been circulated Report No HLC/034/19 by the Principal Solicitor relating to an application for a public entertainment licence for Invershin Village Hall, Invershin.  Environmental Health confirmed they would have no objections once a satisfactory electrical certificate had been submitted. 

The applicant did not attend.

The Committee AGREED to GRANT the application subject to an additional condition attached that no public entertainment activities can take place at the premises until a satisfactory electrical certificate has been received.

7.  Civic Government (Scotland) Act 1982
Taxi driver’s / operator’s licences
Achd Riaghaltais Chatharra (Alba) 1982
Ceadachdan Dhràibhearan / Oibrichean Tagsaidh

7.1  Application for renewal of taxi operator’s licence – Northern Accident Management Ltd

There had been circulated Report No HLC/035/19 by the Principal Solicitor relating to an application which had been received from Northern Accident Management Ltd for the renewal of a taxi operator’s licence.  The Licensing Officer advised that a replacement vehicle had been sourced, had passed the Council’s taxi vehicle inspection and meter test and all relevant documents required to be submitted had been received and the licence had therefore been issued under delegated powers. 

The Committee NOTED that a replacement vehicle had been sourced, had passed the Council’s taxi vehicle inspection and meter test and all relevant documents required to be submitted had been received and therefore the licence had now been issued under delegated powers.

7.2  Application for the renewal of a taxi driver’s licence – John Fitzgerald

There had been circulated Report No HLC/036/19 by the Principal Solicitor relating to an application which had been received from John Fitzgerald for the renewal of a taxi driver’s licence.  Mr Fitzgerald had yet to undertake a right to work check.

The applicant did not attend.

The Committee AGREED to GRANT DELEGATED POWERS to the Principal Solicitor – Regulatory Services to grant the application should Mr Fitzgerald undergo and pass a right to work check by 28 July 2019, but otherwise refuse the application under section 13(3A) of the Civic Government (Scotland) Act 1982 on the basis that the licensing authority cannot be satisfied that Mr Fitzgerald is not disqualified from working in the UK by reason of his immigration status.

7.3       Application for the grant of a taxi driver’s licence – Pawel Poziomecki

There had been circulated Report No HLC/037/19 by the Principal Solicitor relating to an application which has been received from Pawel Poziomecki for the grant of a taxi driver’s licence.  The applicant had yet to make an appointment to re-sit the taxi driver’s knowledge test.

The applicant did not attend.

The Committee AGREED to GRANT DELEGATED POWERS to the Principal Solicitor – Regulatory Services to grant the application should Mr Poziomecki sit and pass the knowledge test (both the Highland wide section and the local section) by 5 August 2019, but otherwise refuse the application.

It was noted that Mr Poziomecki had another two attempts to pass the knowledge test by 5 August 2019.

8.  Civic Government (Scotland) Act 1982
Street Trader’s Licences
Achd Riaghaltais Chatharra (Alba) 1982
Ceadachdan Luchd-malairt Sràide

8.1  Application for a street trader’s licence – John Harris Henderson

There had been circulated Report No HLC/038/19 by the Principal Solicitor relating to an application which has been received from John Harris Henderson for the grant of a street trader’s licence.  Environmental Health had yet to inspect the vehicle to be used in connection with the licence as the vehicle had still to be presented. 

The applicant did not attend.

The Committee AGREED to GRANT DELEGATED POWERS to the Principal Solicitor – Regulatory Services to grant the application should (1) Mr Henderson present his vehicle to Environmental Health for an inspection and (2) the licensing authority receives confirmation that the vehicle has passed the inspection by 9 July 2019, but otherwise refuse the application under paragraph 5(3)(c) of Schedule 1 of the Civic Government (Scotland) Act 1982 on the basis that the licensing authority cannot not be satisfied that the vehicle is suitable for the conduct of the activity based on its condition and consequently the possible risk to public safety.

9.  The Committee resolved that, under Section 50A(4) of the Local Government (Scotland) Act 1973, the public be excluded from the meeting during discussion of the following Items on the grounds that they involved the likely disclosure of exempt information as defined in Paragraph 3 of Part 1 of Schedule 7A of the Act.

10.  Civic Government (Scotland) Act 1982
Taxi driver’s / operator’s licences
Achd Riaghaltais Chatharra (Alba) 1982
Ceadachdan Dhràibhearan / Oibrichean Tagsaidh

10.1    Taxi driver’s licence – Andrew Wilson

There had been circulated to members only Report No HLC/039/19 by the Principal Solicitor relating to Andrew Wilson, the holder of a taxi driver’s licence.  Following a letter from Cairn Medical Practice, the Principal Solicitor, with the agreement of the Head of Corporate Governance had thereafter immediately suspended Mr Wilson’s licence under Paragraph 12 of Schedule 1 to the Civic Government (Scotland) Act 1982.

The applicant did not attend.

The Committee AGREED to SUSPEND the taxi driver’s licence with immediate effect and for the period up to the unexpired portion of the duration of the licence under paragraph 11(2)(a) and 11(2)(c) of Schedule 1 of the Civic Government (Scotland) Act 1982 on the ground that, by reason of the contents of the doctor’s letter dated 1 May 2019, the Committee were satisfied that Mr Wilson is no longer a fit and proper person to hold this licence and that the carrying on of the activity to which the licence relates is likely to cause a threat to public safety.

It was further agreed to GRANT DELEGATED AUTHORITY to the Principal Solicitor – Regulatory Services to recall the suspension if, during the period of the suspension, the licensing authority receives confirmation from a GP that Mr Wilson is medically fit to meet the Group 2 (PSV) medical standard.

The meeting closed at 1015 pm.

Minute of the meeting of the Highland Licensing Board held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness, on Tuesday 25 June 2019 at 1.00pm.

Present:

Mr J Bruce, Mr G Cruickshank, Mrs L Macdonald (Vice Convener), Mrs P Munro, Mr K Rosie, and Mr C Smith.

In Attendance:

Ms C McArthur, Clerk
Mr G Cameron, Licensing Standards Officer
Ms A Macrae, Committee Administrator

Also In Attendance:

Sergeant B Gray, Police Scotland
PC J Williamson, Police Scotland

Item 9.1: Mr M Smith, solicitor for applicant
Item 9.3: Mr J Bell, solicitor for applicant and R Narang and S Machado, representatives

Briefing on Protocol for Webcasting of Meetings.

In the absence of the Convener, the Vice 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 Dr I Cockburn, Mr A Jarvie, and Ms E Knox.

2.   Declarations of Interest
Foillseachaidhean Com-pàirt

There were no declarations of interest.

3.   Confirmation of minutes
Dearbhadh a’ gheàrr-chunntais

There was submitted for confirmation as a correct record the minute of the meeting of the Highland Licensing Board held on 14 May 2019.

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/057/19 detailing licences which had been granted under delegated powers by the Clerk to the Board during the period 2 May 2019 to 12 June 2019.

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/058/19 detailing occasional licences and extended hours applications which had been granted under delegated powers by the Clerk to the Board during the period 2 May 2019 to 12 June 2019.

The Board NOTED the report.

6.  Consultation on reviewing the fee for occasional licences and considering a limit on the number and duration of occasional licences
Co-chomhairle mu bhith ag ath-sgrùdadh na cosgais a thaobh cheadachdan airson thachartasan agus beachdachadh air cuingealachadh a chur air àireamh is ùine cheadachdan airson thachartasan

There had been circulated Report No HLB/059/19 by the Clerk inviting the Board to approve the draft consultation response as set out at Appendix 2 in relation to the Scottish Government’s proposals for occasional licences reform and submit the response to the Scottish Government by 16 July 2019.

The Board APPROVED the draft consultation response in relation to the Scottish Government’s proposals for occasional licence reform for submission to the Scottish Government by 16 July 2019.

7.   The Highland Licensing Board Annual Financial Report 2018-19
Aithisg Ionmhasail Bhliadhnail Bòrd Ceadachd na Gàidhealtachd 2017/18

There had been circulated Report No HLB/060/19 by the Clerk inviting the Board to approve the Board’s third annual Financial Report for publication in accordance with Section 9B of the Licensing (Scotland) Act 2005.

The Board APPROVED the draft Financial Report 2018-19 for publication in accordance with section 9B of the 2005 Act, with the caveat contained therein that it was not to be relied upon as a precise statement of income and expenditure in that financial year.

8.  The Highland Licensing Board Annual Functions Report 2018-19 
Aithisg Dhreuchdan Bhliadhnail Bòrd Ceadachd na Gàidhealtachd 2017/18

There had been circulated Report No HLB/061/19 by the Clerk to the Board inviting the Board to approve the Board’s second annual Functions Report for publication in accordance with section 9A of the Licensing (Scotland) Act 2005.

The Chair referred to the extensive volume of work undertaken as detailed in the Functions Report, and on behalf of the Board thanked the licensing staff for all their good work over the year.

The Board APPROVED the draft Functions Report 2018-19 for publication in accordance with section 9A of the Licensing (Scotland) 2005 Act.

9.  Licensing (Scotland) Act 2005
Application for variation (major) to provisional premises licences
Achd Ceadachd (Alba) 2005
Iarrtasan airson caochladh (mòr) a thaobh ceadachdan thogalaichean

9.1  Ref: HC/INBS/171
Applicant:  Lorraine Elliot, Old Minister’s Guest House, Rothiemurchus, Inverdruie, Aviemore, PH22 1QH per Robin Morton, 3/2 The Printworks, 14 Norval Street, Glasgow, G11 1PD
Premises:  The Highland Line (formerly Roo’s Leap), Grampian Road, Aviemore, PH22 1PD
Type:  On sales

There had been circulated Report No HLB/062/19 by the Clerk which invited the Board to determine the application.

On hearing from the solicitor for the applicant, the Board AGREED to GRANT the major variation to premises licence subject to mandatory conditions and the local conditions and special conditions as set out at 8.2 and 8.3 respectively of the report.

9.2  Ref:  HC/RSL/1762
Applicant:  Christopher Watkiss, Redwood House, Greshornish, Edinbane, Isle of Skye, IV51 9PN
Premises:  Redwood House, Greshornish, Edinbane, Isle of Skye, IV51 9PN
Type:  On sales and off sales

There had been circulated Report No HLB/063/19 by the Clerk which invited the Board to determine the application.

The Board AGREED to GRANT the major variation to premises licence subject to mandatory conditions only.

9.3  Ref:  HC/RSL/1501
Applicant:  Mars Black Sheep Hotels Limited, 9 Thornton Place, London, W1H 1FG
Premises:  Cluanie Inn, Glenmoriston, Inverness-shire, IV63 7YW
Type:  On sales and off sales

There had been circulated Report No HLB/064/19 by the Clerk which invited the Board to determine the application.

On hearing from the solicitor for the applicant, the Board AGREED to GRANT the major variation to premises licence subject to mandatory conditions and the existing local conditions.

The meeting ended at 1.10pm.