18 February 2020: Highland Licensing Board

A meeting of the Highland Licensing Board will take place in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Tuesday, 18 February 2020 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 January 2020.

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/007/20 detailing Licences which have been granted under delegated powers by the Clerk to the Board during the period 19 December 2019 to 5 February 2020 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/008/20 detailing Occasional Licences and Extended Hours Applications which have been granted under delegated powers by the Clerk to the Board during the period 19 December 2019 to 5 February 2020 and inviting the Board to note the Report.

6.  Review hearings – non-payment of annual premises licence fees
Moladh ath-sgrùdaidh – neo-phàigheadh chìsean ceadachd togalaich bliadhnail 

There is circulated Report No HLB/009/20 by the Clerk inviting the Board to here from the stated licence holders and then to consider and determine the premises licence review proposal for each of the premises.

7.  Licensing (Scotland) Act 2005
Applications for variation (major) to premises licences
Achd Ceadachd (Alba) 2005
Iarrtasan airson Caochladh (Mòr) a thaobh ceadachdan thogalaichean

7.1  Ref:  HC/CSR/1439
Applicant:  Thurso Bowling Club
Premises:  Thurso Bowling Club
Type: On Sales

Variation:

1.  Extend opening hours on Saturdays to terminate at 0100 hrs the following day, and on Sundays to open at 1100 hrs;

There is circulated Report No HLB/010/20 by the Clerk.

8.  Surrender of premises licence
Gèilleadh ceadachd togalaich

8.1  Premises:  Skye Picture House, Broadford, Isle of Skye, IV49 9AJ
Licence Holder:  Stuart Brumpton

8.2  Premises:   151 High Street, Fort William, PH33 6EA
Licence Holder: Helen Smith

8.3 Premises: Heilan Coo Shoppy, Plantation, Fort William
Licence Holder : Helen Smith

The above Premises Licences have been surrendered in terms of Section 28(5)(f).

9.  The Gambling Act 2005
Achd na Cearrachd 2005

9.1  Application for Gaming Machine Permit for 3 category c machines
Ref:   HC/CSR/LPGM/001
Applicant:   J D Wetherspoon (Scot) Limited
Premises:   The Alexander Bain, Market Place, WIck

There is circulated Report No HLB/011/20 by the Clerk.

Minute of the meeting of the Highland Licensing Board held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness, Tuesday 18 February 2020 at 1.00pm.

Present:

Mr J Bruce, Mr G Cruickshank, Mr A Jarvie, Mrs L Macdonald (Convenor), Mr D Macpherson, Mr K Rosie, Mr A Sinclair, Mr C Smith.

In Attendance:

Ms C McArthur, Clerk to the Licensing Board
Mr I Meredith, Depute Clerk to the Licensing Board
Mr G Cameron, Licensing Standards Officer
Mrs A MacArthur, Administrative Assistant

Also In Attendance:

Item 9.1: Alan Harrison, Area Manager

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

Apologies for absence were intimated on behalf of Ms E Knox and Mr B Thomson.

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 January 2020.

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/07/20 detailing licences which had been granted under delegated powers by the Clerk to the Board during the period 19 December 2019 to 5 February 2020.

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/008/29 detailing occasional licences and extended hours applications which had been granted under delegated powers by the Clerk to the Board during the period 19 December 2019 to 5 February 2020.

The Board NOTED the report.

6.  Review hearings – non-payment of annual premises licence fees
Moladh ath-sgrùdaidh – neo-phàigheadh chìsean ceadachd togalaich bliadhnail 

There had been circulated Report No HLB/009/20 by the Clerk inviting the Board to consider and determine the premises licence review proposal for each of the premises for which the annual licence fee remained unpaid.

The Solicitor provided an update to the report during which he confirmed the premises licence for Pier House, Knoydart had been surrendered.

The Board AGREED to REVOKE the premises licences for the following premises:

1. Indian Ocean Restaurant, Academy Street, Inverness
2. Aultbea Hotel, Aultbea
3. Carberfeidh Hotel, Main Street, Golspie
4. Conon Bridge Hotel, High Street, Conon Bridge,

under section 39 of the Licensing (Scotland) Act 2005 on the grounds of non-payment of their annual premises licence fees.

The Board NOTED that the premises licence for Pier House, Knoydart had been surrendered in terms of section 28(5)(f) of the 2005 Act prior to the review hearing.

7.  Licensing (Scotland) Act 2005
Applications for variation (major) to premises licences
Achd Ceadachd (Alba) 2005
Iarrtasan airson Caochladh (Mòr) a thaobh ceadachdan thogalaichean

7.1  Ref:  HC/CSR/1439
Applicant:  Thurso Bowling Club
Premises:  Thurso Bowling Club
Type: On Sales

There had been circulated Report No HLB/010/20 by the Clerk which invited the Board to determine the application.

In response to questions, the Depute Clerk provided further clarification on the extended hours being sought on a Saturday and Sunday. The Licensing Standards Officer confirmed the applicant was content with the recommended local condition that after 2100 hrs, alcoholic or non-alcoholic drinks shall not be consumed in any outdoor drinking area.

The Board AGREED to GRANT the major variation to the premises licence subject to mandatory conditions, the existing local conditions and additional local condition (m) as set out at paragraph 8.2 of the report.

8.  Surrender of premises licence
Gèilleadh ceadachd togalaich

8.1  Premises: Skye Picture House, Broadford, Isle of Skye, IV49 9AJ
Licence Holder: Stuart Brumpton

8.2  Premises:  151 High Street, Fort William, PH33 6EA
Licence Holder: Helen Smith

8.3 Premises: Heilan Coo Shoppy, Plantation, Fort William
Licence Holder : Helen Smith

The Board NOTED the above Premises Licences have been surrendered in terms of Section 28(5)(f).

9.  The Gambling Act 2005
Achd na Cearrachd 2005

9.1  Application for Gaming Machine Permit for 3 category c machines
Ref:   HC/CSR/LPGM/001
Applicant:  J D Wetherspoon (Scot) Limited
Premises:  The Alexander Bain, Market Place, WIck

There had been circulated Report No HLB/011/20 by the Clerk which invited the Board to determine the application.

The Board AGREED to GRANT the application for a permit for the provision of three Category C gaming machines.

The meeting ended at 1.10pm.