Agenda
Read the Agenda
A meeting of the Highland Licensing Board will take place remotely via Microsoft Teams on Tuesday, 8 September 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 4 August 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/057/20 detailing Licences which have been granted under delegated powers by the Clerk to the Board during the period 23 July 2020 to 25 August 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/058/20 detailing Occasional Licences and Extended Hours Applications which have been granted under delegated powers by the Clerk to the Board during the period 23 July 2020 to 25 August 2020 and inviting the Board to note the Report.
6. Chief Constable’s Report 2019 to 2020
Aithisg an Àrd-Chonstabail 2019 gu 2020
There is circulated the Chief Constable’s Annual Licensing Report to the Highland Licensing Board for 2019/2020.
7. Licensing (Scotland) Act 2005
Applications for new premises licences
Achd na Ceadachd (Alba) 2005
Larrtas airson cheadachdan thogalaichean ura
7.1 Ref: HC/INBS/656
Applicant: White River Trading, The Strathdearn, Tomatin, IV15 7YN
Premises: The Strathdearn, Tomatin, IV13 7YN
Type: On and off sales
There is circulated Report No HLB/059/20 by the Clerk.
8. Licensing (Scotland) Act 2005
Applications for provisional premises licences
Achd Ceadachd (Alba) 2005
Iarrtas airson ceadachdan thogalaichean le cumha
8.1 Ref: HC/INBS/657
Applicant: Caledonian Event Ltd, c/o CMM Accountancy, The Green House, Beechwood Businee Park North, Inverness, IV2 3BL
Premises: TBC (no name), 105-107 Church Street, Inverness, IV1 1EY
Type: On and off sales
There is circulated Report No HLB/060/20 by the Clerk.
8.2 Ref: HC/RSL/1950
Applicant: The Highland Soap Company Limited, Registered Office – Spean Bridge, PH34 4EP
Premises: Highland Soap Company, Old Inverlochy Farm, North Road, Fort William, PH33 6TQ
Type: On and off sales
There is circulated Report No HLB/061/20 by the Clerk.
8.3 Ref:
Applicant: Graham McMenemy, Ben View Hotel, Strontian, PH36 4HY
Premises: Ben View Hotel and Phoenix Restaurant, Strontian, PH36 4HY
Type: On and off sales
There is circulated Report No HLB/062/20 by the Clerk.
9. Licensing (Scotland) Act 2005
Applications for variation (major) to premises licences
Achd Ceadachd (Alba) 2005
Iarrtasan airson Caochladh (Mòr) a thaobh ceadachdan thogalaichean
9.1 Ref: HC/RSL/1706
Applicant: Mary R Fraser
Premises: Bridge Café, Spean Bridge, PH34 4EP
Type: Major Variation
Variation:
- Seek provision of off-sales during the hours 1000 to 2200 hours;
- Create new outdoor seating area with a capacity for 30 persons;
- Add seasonal variation to permit extended hours during festive season;
- Add additional activities to Operating Plan, within and outwith core hours as follows: conference facilities; club meetings; televised sport and outdoor drinking;
- Additional activities may include the provision of a meals delivery service which can include delivery of alcohol;
- Revision of children and young persons policy to reflect operation of premises;
- Revision to premises description to incorporate additional activities.
There is circulated Report No HLB/063/20 by the Clerk.
9.2 Ref: HC/CSR/0995
Applicant: Wm Morrison Supermarkets plc
Premises: Morrisons, Dalmore Road, Alness
Type: Off Sales
Variation:
- Vary other services provided to include a home delivery shopping service and a click and collect service.
There is circulated Report No HLB/064/20 by the Clerk.
9.3 Ref: HC/CSR/0194
Applicant: The Firm of Caspian Shellfish
Premises: Ben Loyal Hotel, Tongue, IV27 4XT
Type: On and Off Sales
Variation:
1. Amend description of premises to include new licensed areas.
2. Amend name and address of premises licence holder from The Firm of Caspian Shellfish to The Ben Loyal Hotel and the partnership’s address is now The Ben Loyal Hotel, Main Street, Tongue.
3. Amendment to layout plan to extend the boundaries of the licensed premises to include 6 glamping pods located in the hotel grounds for either self-catering guests or additional accommodation for hotel guests and addition of the Ben Loyal Hotel apartments comprising 2 semi-detached cottages, one of which to be used for self-catering guests and the other as an additional 3 rooms for hotel guests.
4. Addition of a second outdoor seating/drinking area to the north of the Ben Loyal Hotel apartments.
5. Amendment to 5(f) any other activities to include room service including supply of alcoholic and non-alcoholic beverages and food for resident hotel patrons during and out with core licensed hours shall be extended to include guests staying in the Ben Loyal apartments and the glamping pods.
6. Occasionally a marquee is erected in the car park to accommodate weddings and other functions and events. The dining room may on occasion be used to accommodate a temporary bar when the premises are hosting events such as weddings or other functions.
7. Amendment to 6(e) Children and Young Persons to include reference to children and young persons being allowed access to the glamping pods and Ben Loyal Apartments which are within the hotel grounds.
8. Amendment to on and off sale capacities to reflect the changes for the premises.
There is circulated Report No HLB/065/20 by the Clerk.
10. Licensing (Scotland) Act 2005
Application for variation (major) to provisional premises licences
Achd Ceadachd (Alba) 2005
Iarrtasan airson caochladh (mòr) a thaobh ceadachdan thogalaichean
10.1 Ref: HC/CSR/1925
Applicant: Co-operative Group Food Limited
Premises: Co-op, 110 High Street, Invergordon
Type: Off Sales
Variation:
- Vary other services provided to include home delivery service
There is circulated Report No HLB/066/20 by the Clerk.
11. Application for personal licence
Iarrtas airson ceadachd phearsanta
11.1 Applicant: Charles McCloskey
There is circulated Report No HLB/67/20 by the Clerk.
12. Surrender of premises licence
Gèilleadh ceadachd togalaich
12.1 Premises: Spar Shop, 14A Bank Street, Balintore
Licence Holder: CJ Lang and Son Ltd
The above Premises Licences have been surrendered in terms of Section 28(5)(f).
Minutes
Read the Minutes
During the coronavirus period, the Licensing (Scotland) Act 2005 has been temporarily amended to allow Board meetings to take place remotely rather than by way of a public meeting.
Minute of the meeting of the Highland Licensing Board held remotely on Tuesday 8 September 2020 at 1.00 pm.
Present:
Mr J Bruce, Ms E Knox, Mrs L Macdonald (Convenor), Mr D Macpherson, Mr K Rosie, Mr A Sinclair (excluding items 9.1 – 11.1) and Mr C Smith.
In Attendance:
Ms C McArthur, Clerk to the Board
Mr I Meredith, Depute Clerk to the Board
Mr G Cameron, Licensing Standards Officer
Mr I Cox, Licensing Standards Officer
Mrs A MacArthur, Administrative Assistant
Also In Attendance:
Sergeant K Duncan, Police Scotland
Mr M MacDonald, Police Scotland
Item 8.1: Mr R Steadman, applicant; Mr R Clark, objector.
Item 8.3: Mr G McMenemy, applicant
Item 9.2: Mr R Taylor, solicitor for applicant; Ms K Nichols, Morrisons licensing 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
An apology for absence was intimated on behalf of Mr A Jarvie.
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 4 August 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/57/20 detailing licences which had been granted under delegated powers by the Clerk to the Board during the period 23 July 2020 to 25 August 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/58/20 detailing occasional licences and extended hours applications which had been granted under delegated powers by the Clerk to the Board during the period 23 July 2020 to 25 August 2020.
The Board NOTED the report.
6. Chief Constable’s Report 2019 to 2020
Aithisg an Àrd-Chonstabail 2019 gu 2020
There had been circulated the Chief Constable’s Annual Licensing Report to the Highland Licensing Board for 2019/2020.
Sergeant K Duncan, Police Scotland, presented the report. The focus throughout this years’ report was very much on partnership working to ensure that the high standards and licensing objectives were met in licensed premises. Police Scotland enjoyed a very good partnership working relationship with Licensing Standards Officers, licensing staff, Environmental Health and Trading Standard Officers, external agencies including the SIA and the internal partners within the Police.
The police were 100% committed to engagement with licensed premises. The Highland Region had undertaken 10,262 visits to licensed premises in the last year, this was 18% of all recorded inspections throughout the whole of Scotland, and with only a small percentage of the licensed premises in Scotland, it was testament to the good work carried out by local officers.
The number of offences occurring around licensed premises had reduced this year another testament to the work of local officers.
On a request for figures on areas where the CCTV was active in Inverness, Sergeant Duncan would take this forward.
The Convener thanked Police Scotland for the positive report.
The Board AGREED to NOTE the Chief Constable’s Annual Licensing Report to the Highland Licensing Board for 2019/2020
7. Licensing (Scotland) Act 2005
Applications for new premises licences
Achd na Ceadachd (Alba) 2005
Larrtas airson cheadachdan thogalaichean ura
7.1 Ref: HC/INBS/656
Applicant: White River Trading, The Strathdearn, Tomatin, IV15 7YN
Premises: The Strathdearn, Tomatin, IV13 7YN
Type: On and off sales
There had been circulated Report No HLB/059/20 which invited the Board to determine the application.
The Board AGREED to GRANT the application for a premises licence subject to the mandatory conditions, local conditions (e) for the Café local conditions (a) and (k) for the Community Hall as set out in paragraph 7.2 of the report together with the special conditions set out in paragraph 7.3 of the report.
8. Licensing (Scotland) Act 2005
Applications for provisional premises licences
Achd Ceadachd (Alba) 2005
Iarrtas airson ceadachdan thogalaichean le cumha
8.1 Ref: HC/INBS/657
Applicant: Caledonian Event Ltd, c/o CMM Accountancy, The Green House, Beechwood Business Park North, Inverness, IV2 3BL
Premises: TBC (no name), 105-107 Church Street, Inverness, IV1 1EY
Type: On and off sales
There had been circulated Report No HLB/060/20 which invited the Board to determine the application.
An objection had been received from Mr Robin Clark and he was in attendance.
Mr Steadman spoke to his application stating that his vision was for a quiet place for people to eat later at night and enjoy a drink with their meal. The licence was for table service only and there would be no football screens or live music.
The objector asked the applicant for the hours requested and the applicant outlined the hours.
On a question from Members, the applicant outlined the maximum occupancy of the premises.
The Clerk advised Members that Planning Permission had been granted for these premises with planning permission conditions stating that the outside area could only be used between 7 and 10 pm.
Mr Clark, objector, stated that he lived directly across from the premises in Church Street. His house was an historic “A” listed building, with this listing he was unable to have double glazing. There was already a lot of noise nuisance from the street and Mr Clark was concerned that these premises would add to the noise nuisance.
The Clerk advised that the existing problems of noise nuisance outlined by the objector were existing, the current applicant could not be penalised for existing problems.
The Licensing Standards Officer advised that the operating plan was specifically for a wine bar bistro and not a public bar and the conditions attached were proportionate.
The applicant and the objector thereafter summed up.
Ms E Knox moved that the application be granted.
Mr Duncan Macpherson moved that outdoor drinking have a 9.00 pm curfew as the objector had no double glazing and was unable to have double glazing. There being no seconder the motion fell.
The Board AGREED to GRANT the application for a provisional premises licence subject to the mandatory conditions, local conditions (f), (g), (l), (m), (n)(i), (p), and (q) and the special conditions set out in paragraph 7.3 of the report.
8.2 Ref: HC/RSL/1950
Applicant: The Highland Soap Company Limited, Registered Office – Spean Bridge, PH34 4EP
Premises: Highland Soap Company, Old Inverlochy Farm, North Road, Fort William, PH33 6TQ
Type: On and off sales
There had been circulated Report No HLB/061/20 which invited the Board to determine the application.
The Board AGREED to GRANT the application for a provisional premises licence subject to the mandatory conditions, local condition (k) and the special conditions set out in paragraph 7.3 of the report.
8.3 Applicant: Graham McMenemy, Ben View Hotel, Strontian, PH36 4HY
Premises: Ben View Hotel and Phoenix Restaurant, Strontian, PH36 4HY
Type: On and off sales
There had been circulated Report No HLB/062/20 which invited the Board to determine the application. The report advised that a letter of objection had been received from Police Scotland.
The Clerk confirmed that the applicant had submitted a written representation to state his case, a copy of which had been circulated to the Board on 31 August 2020.
The applicant outlined his background and the circumstances surrounding Police Scotland’s objection.
Sergeant Katy Duncan read out the terms of Police Scotland’s objection. The Chief Constable objected to the application as it was inconsistent with the licensing objectives under Section 23 (5)(c) of the Act. Mr McMenemy was not a fit and proper person to hold a Premises Licence and it was therefore recommended by Police Scotland that the application be refused.
Mr Ian Cox, Licensing Standards Officer, advised that he had known the applicant and visited the premises with the previous Licensing Standards Officer, Mrs L Treasurer, in 2018. The applicant had failed to renew his personal licence in 2018 but he had now re-sat and passed a new personal licence course. The Ben View Hotel is currently closed, there were substantial exterior grounds which had been well looked after. The exterior of the hotel had recently been repainted showing extensive work by Mr McMenemy. The internal area of the hotel would require redecoration but Mr McMenemy was capable of this.
The Clerk explained to the Board and applicant that if the licence was refused today, it would preclude a new application from the applicant for one year.
Mr McMenemy thereafter requested that his application be withdrawn.
The Board NOTED that the application was withdrawn at the applicant’s request.
9. Licensing (Scotland) Act 2005
Applications for variation (major) to premises licences
Achd Ceadachd (Alba) 2005
Iarrtasan airson Caochladh (Mòr) a thaobh ceadachdan thogalaichean
9.1 Ref: HC/RSL/1706
Applicant: Mary R Fraser
Premises: Bridge Café, Spean Bridge, PH34 4EP
Type: Major Variation
There had been circulated Report No HLB/063/20 which invited the Board to determine the application.
The Clerk confirmed that the applicant had submitted a written representation to state her case, a copy of which had been circulated to the Board on 1 September 2020.
The Board AGREED to GRANT the major variation to the premises licence subject to the mandatory conditions, existing local conditions, additional local conditions (k), (m), (n)(i), and (p) and the special conditions set out in paragraph 8.3 of the report.
9.2 Ref: HC/CSR/0995
Applicant: Wm Morrison Supermarkets plc
Premises: Morrisons, Dalmore Road, Alness
Type: Off Sales
There had been circulated Report No HLB/064/20 which invited the Board to determine the application.
The Clerk confirmed that the applicant’s solicitor had submitted a written representation to state their case, a copy of which was appended to the report.
The Board AGREED to GRANT the major variation of the premises licence subject to the mandatory conditions only.
9.3 Ref: HC/CSR/0194
Applicant: The Firm of Caspian Shellfish
Premises: Ben Loyal Hotel, Tongue, IV27 4XT
Type: On and Off Sales
There had been circulated Report No HLB/065/20 which invited the Board to determine the application.
The applicant did not attend and had not submitted a written representation.
The Board AGREED to GRANT the major variation to the premises licence subject to the mandatory conditions and existing local conditions.
10. Licensing (Scotland) Act 2005
Application for variation (major) to provisional premises licences
Achd Ceadachd (Alba) 2005
Iarrtasan airson caochladh (mòr) a thaobh ceadachdan thogalaichean
10.1 Ref: HC/CSR/1925
Applicant: Co-operative Group Food Limited
Premises: Co-op, 110 High Street, Invergordon
Type: Off Sales
There had been circulated Report No HLB/066/20 which invited the Board to determine the application.
The Board AGREED to GRANT the major variation to the provisional premises licence subject to the mandatory conditions only.
11. Application for personal licence
Iarrtas airson ceadachd phearsanta
11.1 Applicant: Charles McCloskey
There had been circulated Report No HLB/67/20 which invited the Board to determine the application.
The applicant did not attend.
The Board AGREED to REFUSE the application for a personal licence on the grounds (1) that the applicant was not a fit and proper person to hold such a licence due to the nature of his convictions which shows a propensity for violence and disorder and (2) it would be necessary to refuse the application for the purposes of the licensing objectives, namely the prevention of crime and disorder and securing public safety.
12. Surrender of premises licence
Gèilleadh ceadachd togalaich
12.1 Premises: Spar Shop, 14A Bank Street, Balintore
Licence Holder: CJ Lang and Son Ltd
The Board NOTED that the above Premises Licences had been surrendered in terms of Section 28(5)(f).
The meeting ended at 3.30 pm.