Committees

A meeting of the Highland Licensing Board will take place in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Tuesday 14 May 2013 at 12.00 noon (following the Highland Licensing Committee commencing 10.30 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: 

i. minute of the meeting of the Highland Licensing Board held on 2 April 2013.

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-043-13 (22kb pdf) detailing Licences which have been granted under delegated powers by the Clerk to the Board during the period 19 March 2013 to 30 April 2013 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-044-13 (37kb pdf) detailing Occasional Licences and Extended Hours Applications which have been granted under delegated powers by the Clerk to the Board during the period 19 March 2013 to 20 April 2013 and inviting the Board to note the Report.

6. Highland Licensing Board Publication Scheme
Sgeama Foillseachaidh Bòrd Ceadachd na Gàidhealtach

There is circulated Report No HLB-045-13 (50kb pdf) by the Clerk recommending the adoption of a Publication Scheme under the Freedom of Information (Scotland) Act 2002. 

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/548
Applicant: Speyside Trust, per Annie Thomas, Badaguish Outdoor Centre, Glenmore, Aviemore PH22 1QU
Premises: Sandy’s Bothy, Badaguish Outdoor Centre, Glenmore, Aviemore PH22 1QU
Type: On sales

There is circulated Report No HLB-046-13 (19kb pdf) by the Clerk.

As of 30 April 2013 no objections or representations have been received.

Note: The Applicant has been invited to attend.

7.2  Ref: HC/RSL/1664
Applicant: Andreas Adalian
Premises: Hillstone Lodge, 12 Colbost, By Dunvegan, Isle of Skye, IV55 8ZT
Type: On Sales

There is circulated Report No HLB-047-13 (22kb pdf) 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/547
Applicant: Co Operative Group Food Limited,  Reg.Office: 1 Angel Square, Manchester, per Tho and J W Barty, 61 High Street, Dunblane FK15 0EH
Premises:  Co Operative Food Store, New site at Monarch’s View, Milton of Leys, IV2 6HF
Type:   Off Sales

There is circulated Report No HLB-048-13 (18kb pdf) by the Clerk.

Note: The Applicant has been invited to attend.

8.2  Ref: HC/CSER/1658
Applicant: Giuseppe De Vita
Premises:  De Vita’s Pizzeria and Café Bar, 97 High Street, Wick
Type:   On-Sales

There is circulated Report No HLB-049-13 (18kb pdf) by the Clerk.

Note: The Applicant has been invited to attend.

8.3  Ref: HC/CSER/1657
Applicant: The Thurso Cinema Limited per Inn Business Scotland, Forsyth House, Lomond Court, Castle Business Park, Stirling
Premises:  The Thurso Cinema, Ormlie Industrial Estate, Thurso
Type:   On and Off Sales

There is circulated Report No HLB-050-13 (19kb pdf) by the Clerk.

Note: The Applicant has been invited to attend.

8.4  Ref: HC/CSER/1661
Applicant: The Links House Limited per Macleod & MacCallum, 28 Queensgate, Inverness
Premises:  Links House, Golf Road, Dornoch
Type: On and Off Sales

There is circulated Report No HLB-051-13 (64kb pdf) by the Clerk.

Note: The Applicant has been invited to attend.

8.5  Ref: HC/RSL/1656
Applicant: John Man per Inn Business Scotland Ltd, Forsyth House, Lomond Court, Castle Business Park, Stirling
Premises:  Corran Inn, Onich, Fort William,PH33 6SE
Type: On and Off Sales (Provisional)

There is circulated Report No HLB-052-13 (24kb pdf) 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/INBS/412
Applicant: The Classroom Nairn Limited, Commerce House, Elgin, per William Lean.
Premises:  The Classroom, 1 Cawdor Street, Nairn IV12 4QD
Type:   On and Off Sales.

Variation:

1. Application is made to extend as an outdoor dining area until 22.30 during period 15 April until 30 September to accommodate alfresco dining.

2. Also to vary on-sales core hours to terminate at 01.00 Monday-Saturday and on-sales to commence at 12.00 on Sunday. Off sales to commence from 12.00 on Sundays.

3. Seasonal variation to operate extended hours as granted by Highland Licensing Board during Festive Season.

4. Vary Activities - Extend restaurant facilities to operate outwith core hours and also include televised sports within activities.

5. Amend children’s policy to read "Children aged 14 years can access restaurant unaccompanied until 18.00 after which time they will be accompanied by an adult.  Young persons can access the premises unaccompanied until 20.00 after which time require to be accompanied by an adult.  After 22.00 Children and Young Persons must be accompanied by an adult for the purpose of a meal or attending a private function’.  

There is circulated Report No HLB-053-13 (23kb pdf) by the Clerk.

9.2  Ref: HC/INBS/73
Applicant: Ms Sheena Margaret Fleming, Gun Lodge Hotel, High Street, Ardersier, IV2 7QB per Lorna Murray, 45 Culduthel Road, Inverness IV2 4HQ.
Premises:  Gun Lodge Hotel, High Street, Ardersier IV2 7QB
Type:   On and Off Sales

Variation:

1. Capacity to be reduced to 134.

2. Description to be amended to read "Set in private grounds with ample parking on the outskirts of Ardersier, the Gun Lodge Hotel is a detached property offering 14 letting bedrooms, cocktail bar, public bar, conservatory and ancillary accommodation”.

3. The following is proposed:

• erection of conservatory
• provision of en-suite facilities in the upstairs bedrooms
• conversion of dining/function room to provide 3 new en suite bedrooms
• new boiler house to be provided.

There is circulated Report No HLB-054-13 (28kb pdf) by the Clerk.

9.3  Ref: HC/INBS/188
Applicant: Hush Nightlife Limited, 57 Academy Street, Inverness IV1 1LU per Mr Shane Manning.
Premises:  Hush Nightclub (formerly Rags), 57 Academy Street, Inverness IV1 1LU
Type:   On Sales- Nightclub

Variation:

1. The proposal is to include adult entertainment as an activity taking place within the premises in full compliance with the stipulated local conditions. 

2. Increase of trading days to include Monday to Wednesday inclusive on sales commencing at 19.00 and terminating at 01.00.

3. Saturday to commence from 17.00 (terminating 03.00 )

4. Insert a statement at seasonal variations within the operating plan to take advantage of periods of extended hours offered by the Highland Licensing Board without the need for individual applications. 

5. The wording of the Children's Policy is altered to exclude Children and Young Persons from events that involve adult entertainment.

6. Substitution of Premises Manager.

An objection delivered on 2 May 2013 by email has been received from Gillian Gunn on behalf of Highland Violence Against Women Strategy Group, Assynt House, Beechwood Business Park, Inverness IV2 3BW.

The applicant has been invited to attend the meeting.

There is circulated Report No HLB-055-13 (67kb pdf) by the Clerk.

9.4  Ref: HC/INBS/98
Applicant: Punch Partnership Limited, Jubilee House, Second Avenue, Burton Upon Trent, DE14 2WF per TLT LLP, Solicitors, One Redcliff Street, Bristol BS1 6TP.
Premises:  Tipsy Laird, 68 High Street, Kingussie PH21 1HZ
Type:   On and Off Sales

Variation:

1. Variation to permitted on sale hours:
Monday to Saturday 11.00 to 01.00
Sunday 12.00 to 24.00

2. Variation to permitted off sales hours:
Sunday 12.00 to 2200 

Objections have been received from:

• Donald Thomas Maclagen, 1 Victoria Court, 72 High Street, Kingussie PH21 1HZ, on 23 March 2013; and,
• Hamish and Lesley Cromarty, Achbuie, Breachloch, Culbokie, Ross and Cromarty IV7 8GY on 15 April 2013.

Both objectors have been invited to attend the meeting.

• A letter of representation dated 8 April 2013, has also been received from the Kingussie and Vicinity Community Council, who have also been invited to attend the meeting.

Copies of objections and representations have been forwarded to the applicant.

There is circulated Report No HLB-056-13 (1165kb pdf) by the Clerk.

9.5  Ref: HC/RSL/0714
Applicant: Hart Hotels Ltd per Kilpatrick and Walker, Ayr, KA71 1EN
Premises:  MacKays Hotel and Spa Lodge, Strathpeffer, IV14 9DL
Type:   On Sales

Variation:

1. Variation to on sales hours on Sundays to permit opening between the hours of 1430 and 1830 hrs (existing hours are 1230 hrs to 1430 hrs and 1830 hrs to 2300 hrs)

There is circulated Report No HLB-057-13 (19kb pdf) by the Clerk.

9.6  Ref: HC/RSL/0101
Applicant: Partnership of John Grant and Joanna Munro, The Frigate, Shore Street, Ullapool, IV26 2UJ
Premises: The Frigate, Shore Street, Ullapool
Type:   On Sales

Variation:

1. Variation to on sales hours Monday to Saturday from 1100 hrs to 0100 hrs the following day and Sunday to 1200 hrs to 2400 hrs (currently 1100 hrs to 2300 hrs Monday to Saturday and Sunday 1200 hrs to 1430 hrs and 1830 hrs to 2300 hrs).
2. Removal of seasonal variation.
3. Amend activities and services to be provided during and outwith core licensed hours to include restaurant facilities, receptions, music, live performances, indoor sports, televised sports, outdoor drinking facilities, charity and fundraising events, quiz nights, wines and spirits tasting, cookery demonstrations, barbecues and special events in connection with cruise ship visits.
4. Amend children and young persons’ terms of entry in line with board policy.
5. Amend description of premises.
6. Alterations to layout plan to include an outdoor drinking area within the rear courtyard.
7. Removal of special condition restricting the sale of alcohol.

There is circulated Report No HLB-058-13 (21kb pdf) by the Clerk.

9.7  Ref: HC/CSER/1088
Applicant: Royal Dornoch Golf Club, Golf Road, Dornoch
Premises: Royal Dornoch Golf Club, Golf Road, Dornoch
Type – On and Off Sales

Variation:

1. Variation is sought by the applicants to vary the operating plan, description of premises and layout plan to include the operation of a Halfway House located at the 9th green/10th tee to provide a food and refreshment service to golfers.

There is circulated Report No HLB-059-13 (18kb pdf) by the Clerk.

9.8  Ref: HC/RSL/1504
Applicant: Crerar Hotel Group Ltd per Shepherd and Wedderburn LLP, 5th Floor, 1 Exchange Crescent, Conference Square, Edinburgh
Premises: Glencoe Hotel, Glencoe, PH49 4HW
Type:   On and Off Sales

Variation:

Description of Premises
1. Revision of description of premises to include restaurant and restaurant area on first floor of premises.

Layout Plan
1. Alteration to ground floor layout plan to include external drinking areas which had previously only been shown on the overall site plan;
2. Alteration to first floor layout plan to include  new restaurant areas (formerly referred to as office accommodation/storage on current layout plan);
3. Revision to site layout plan to accurately demonstrate shape of hotel building.

Operating Plan
1. Additional activities within Operating Plan to include gaming;
2. Revision to Operating Plan to include provision of take-away service from first floor restaurant which may take place outwith core hours, but no later than 2300 hours;
3. Revision to Operating Plan in respect of Restaurant and Bar Meal Facilities to reflect additional restaurant areas on first floor;
4. Change of Premises Manager;
5. Increase in capacity from 176 to 413 persons (total building occupancy) to reflect alterations to layout plans to include new restaurant areas on first floor and to specify capacity of whole premises, including bedrooms, which had previously been omitted from operating plan.

There is circulated Report No HLB-060-13 (38kb pdf) by the Clerk.

10. Licensing (Scotland) Act 2005 Section 38 -  
Applications for Review of Premises Licence
Achd Cheadachd (Alba) 2005, Earrann 38 -
Iarrtasan airson Èisteachd Ath-bhreithneachail air Ceadachd Togalaich

10.1  Premises: Karma Lounge, 5-9 Young Street, Inverness IV3 5BL
Licence Holder:  Caledonian Heritable Ltd, 4 Hope Street, Edinburgh EH2 4DB

There is circulated Report No HLB-061-13 (110kb pdf) by the Clerk relating to a premises licence review application from Police Scotland.

The licence holder and the Chief Constable’s Agent have been invited to attend the meeting.

10.2  Premises: Ossians Hotel, High Street, Fort William, PH33 6DH
Licence Holder:  Derek & Janice Wallace

There is circulated Report No HLB-062-13 (60kb pdf) by the Clerk relating to a premises licence review application from Police Scotland.

The licence holder and the Chief Constable’s Agent have been invited to attend the meeting.

11. Licensing (Scotland) Act 2005 Section 84 – Hearing
Personal Licence  HC/INBS/PERS/11/1271    
Achd Cheadachd (Alba) 2005, Earrann 83 – Ath-sgrùdadh air Ceadachd Phearsanta – Brath Dìtidh

11.1 Licence Holder:  Chrisanne Rutherford Dunn

There is circulated Report No HLB-063-13 (1157kb pdf) by the Clerk.

The Licence Holder has been invited to attend.

12. Surrender of Premises Licence
Gèilleadh Ceadachd Togalaich fo

12.1 Premises: Talisker Distillery (Mash House), Carbost, Isle of Skye, IV47 8SR
Licence Holder:  Diageo Scotland Limited

There is circulated Report No HLB-064-13 (14kb pdf) by the Clerk advising that this Temporary Premises Licence has been surrendered.

13. The Gambling Act 2005
Review Hearing Section 38
Achd na Cearrachd 2005
Èisteachd Ath-sgrùdaidh Earrainn 38

13.1 Premises: Nessies Amusement Centre, 9-21 Castle Street, Inverness
Licence Holder: John Codona’s Holiday Inn Ltd, 36 Beaconsfield Place, Aberdeen AB15 4AA per Meston Reid and Co, Chartered Accountants, 12 Cardon Place, Aberdeen AB10 1UR

There is circulated Report No HLB-065-13 (15kb pdf) by the Clerk.

The Licence Holder has been invited to attend.

14. Proposed Consultation Draft Policy Statement 2013–16
Dreachd Aithris Poileasaidh na Co-chomhairle a Thathar a’ Moladh 2013-16

There is circulated Report No HLB-066-13 (1818kb pdf) by the Clerk inviting the Board to approve the publication and issue of the proposed Consultation Draft Policy Statement set out in Appendix 1 as a formal Consultation Draft.

• Agenda

Minute of the meeting of the Highland Licensing Board held in the Council Chamber, Headquarters, Glenurquhart Road, Inverness, on Tuesday 14 May 2013 at 12.25pm.

Business

Present:

Mr A Duffy, Mr R Greene, Mr A Henderson, Mr R Laird, Mrs L Macdonald, Mr W Mackay (by Video Conference), Mr D Millar, Ms M Smith and Mr J Stone.

In Attendance:

Mr A Mackenzie, Clerk
Ms S Blease, Depute Clerk
Mr I Cox, Licensing Standards Officer
Mr D Inglis, Licensing Standards Officer
Mrs L Treasurer, Licensing Standards Officer
Ms A Macrae, Committee Administrator
Mrs A Macarthur, Administrative Assistant

Also in Attendance:

Inspector A Henderson, Police Scotland
Mr J Williamson, Licensing Enquiry Officer, Police Scotland

Item 8.4 - Mr Watson, Applicant
Item 9.3 - Mr S Manning, Mr T Cochrane and Mr M Ross, Applicants,
Item 9.3 - Mrs L Murray, Solicitor for Applicant and Ms G Gunn, Objector
Item 9.4 - Mrs L Murray, Solicitor for the Applicant
Item 10.1 - Ms N Bentley, Premises Manager and Mrs L Murray, Solicitor  
Item 10.2 – Mr and Mrs D Wallace, Premises Licence Holders

Briefing on Protocol for Webcasting of Meetings.

Ms M Smith 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 Dr I Cockburn.

2.  Declarations of Interest
Foillseachaidhean Com-pàirt

There were no declarations of interest.

3.  Confirmation of Minutes       
Dearbhadh a’ Gheàrr-chunntais

There had been circulated for confirmation the minute of the Meeting of the Board held on 2 April 2013.

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-043-13 (22kb pdf) by the Clerk detailing the licences which had been granted under delegated powers during the period 19 March 2013 to 30 April 2013 and inviting the Board to note the Report.

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-044-13 (37kb pdf)  by the Clerk detailing the Occasional Licences and Extended Hours Applications which had been granted under delegated powers during the period 19 March 2013 to 20 April 2013 and inviting the Board to note the Report.

In response to a question the Chairman explained the reasons why recent extended hours applications for early opening of The Mallard, Dingwall and The Legion Club, Dingwall had been refused by her under her delegated powers while a similar application for Ross County Football Club had been approved.  She advised that based on the reports she had received from Licensing Standards Officer and Police Scotland the sale of alcohol at Ross County Football Club had been considered to be ancillary to the consumption of food and therefore consistent with the licensing objectives. In regard to the other applications the sale of alcohol was not considered to be ancillary to the consumption of food and therefore the applications had been refused on the basis that they were contrary to the licensing objectives.

The Board NOTED the report.

6.  The Highland Licensing Board Publication Scheme
Sgeama Foillseachaidh Bòrd Ceadachd na Gàidhealtachd

There had been circulated Report no HLB-045-13 (50kb pdf) by the Clerk recommending the adoption of a Publication Scheme under the Freedom of Information (Scotland) Act 2002.

The Board APPROVED the Publication Scheme.

7.  Licensing (Scotland) Act 2005  
Application for New Premises Licences 
Achd Ceadachd (Alba) 2005
Iarrtasan airson Cheadachan Thogalaichean Ura

7.1 Ref: HC/INBS/548    
Applicant: Speyside Trust, per Annie Thomas, Badaguish Outdoor Centre, Glenmore, Aviemore
Premises: Sandy’s Bothy, Badaguish Outdoor Centre, Glenmore, Aviemore
Type: On Sales

There had been circulated Report No HLB-046-13 (19kb pdf) by the Clerk inviting the Board to determine the application.

The Board AGREED to grant the application subject to the mandatory conditions and the specific condition set out at paragraph 5.1 of the report.

7.2 Ref: HC/RSL/1664    
Applicant: Andreas Adalian
Premises: Hillstone Lodge, 12 Colbost, By Dunvegan, Isle of Skye
Type: On Sales

There had been circulated Report No HLB-047-13 (22kb pdf) by the Clerk inviting the Board to determine the application.

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

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/547
Applicant: Co-operative Group Food Limited, Reg. Office: 1 Angel Square, Manchester per Tho and JW Barty, 61 High Street, Dunblane
Premises: Co-operative Food Store, New Site at Monarch’s View, Milton of Leys
Type:  Off Sales

There had been circulated Report No HLB-048-13 (18kb pdf) by the Clerk inviting the Board to determine the application.

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

8.2  Ref: HC/CSER/1658
Applicant: Giuseppe De Vita
Premises: De Vita’s Pizzeria and Café Bar, 97 High Street, Wick
Type:  On Sales

There had been circulated Report No. HLB-049-13 (18kb pdf) by the Clerk inviting the Board to determine the application.

The Board AGREED to grant the application subject to the mandatory conditions and the special condition set out at paragraph 6.3 of the report.

8.3  Ref: HC/CSER/1657
Applicant: The Thurso Cinema Limited per Inn Business Scotland Ltd, Forsyth House, Lomond Court, Castle Business Park, Stirling
Premises: The Thurso Cinema, Ormlie Industrial Estate, Thurso
Type:  On and Off Sales

There had been circulated Report No. HLB-050-13 (19kb pdf) by the Clerk inviting the Board to determine the application.

The Licensing Standards Officer advised that the Applicant had applied to take advantage of the Board’s festive hours policy and recommended that it would be appropriate for the ‘new’ special festive season condition to be attached to the grant of the licence, as follows:-

"The licence holder shall submit to the Board and to Police Scotland, prior to 1 December each year, notice of the dates within the festive period on which it is intended that the premises remain open until the festive period terminal hour stated for that category of premises in the Board’s Policy Statement. The Premises may remain open until the festive period terminal hour only on those dates for which notice has been given by the licence holder to the Board and to Police Scotland in accordance with this condition."

The Board AGREED to grant the application subject to the mandatory conditions, the local conditions detailed at paragraph 6.2 of the Report and the above special festive season condition.

8.4  Ref: HC/CSER/1661
Applicant: The Links House Limited per Macleod & MacCallum, 28 Queensgate, Inverness
Premises: Links House, Golf Road, Dornoch
Type:  On and Off Sales

There had been circulated Report No. HLB-051-13 (64kb pdf) by the Clerk inviting the Board to determine the application.

The Licensing Standards Officer advised that the Applicant had applied to take advantage of the Board’s festive hours policy, and recommended that it would be appropriate for the ‘new’ special festive season condition to be attached, as referred to at item 8.3 above.

The Board AGREED to grant the application subject to the mandatory conditions, the special conditions detailed at paragraph 6.3 of the Report, and the special festive season condition.

8.5  Ref: HC/RSL/1656
Applicant: John Man per Inn Business Scotland Ltd, Forsyth House, Lomond Court, Castle Business Park, Stirling
Premises: Corran inn, Onich, Fort William
Type:  On and Off Sales (Provisional)

There had been circulated Report No. HLB-052-13 (24kb pdf) by the Clerk inviting the Board to determine the application.

On hearing from the Clerk, the Board AGREED to grant the application subject to the mandatory conditions and the local conditions set out at paragraph Section 6.2 of the report.

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/INBS/412     
Applicant: The Classroom Nairn Limited, Commerce House, Elgin, per William Lean
Premises: The Classroom, 1 Cawdor Street, Nairn
Type: On and Off Sales

There had been circulated Report No HLB-053-13 (23kb pdf) 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 - with local condition g) altered as detailed in paragraph 7.2 of the Report – and the specific condition set out at paragraph 7.3 of the report.

9.2 Ref: HC/INBS/73    
Applicant: Ms Sheena Margaret Fleming, Gun Lodge Hotel, High Street, Ardersier per Lorna Murray, 45 Culduthel Road, Inverness
Premises: Gun Lodge Hotel, High Street, Ardersier
Type: On Sales and Off Sales

There had been circulated Report No HLB-054-13 (28kb pdf) by the Clerk inviting the Board to determine the application.

The Board AGREED to grant the application subject to the mandatory conditions and the existing local conditions.

9.3  Ref: HC/INBS/188    
Applicant: Hush Nightlife Limited, 57 Academy Street, Inverness per Shane Manning
Premises: Hush Nightclub (formerly Rags), 57 Academy Street, Inverness
Type: On Sales

There had been circulated Report No HLB-055-13 (55kb pdf) by the Clerk advising that an objection dated 2 May 2013 had been received in response to the application from Gillian Gunn on behalf of the Highland Violence Against Women Strategy Group. The report invited the Board to determine the application.

The Clerk advised that a late objection had been received from the Very Reverend Father James Bell, Roman Catholic D, Aberdeen. He advised that in terms of Section 135 of the Licensing (Scotland) Act 2005 the Board could consider the terms of the late objection only if satisfied that the objector’s failure to lodge the objection timeously was due to mistake, oversight or other excusable cause.  In the absence of the objector to provide an explanation for the lateness of the submission, the Board could not be so satisfied and accordingly should not agree to consider the terms of the late objection.

Following discussion and on hearing from Mrs L Murray, Solicitor for the Applicant, the Board AGREED not to consider the late objection.

The Clerk further clarified that in considering this application the Board was not been asked to licence adult entertainment.  It was being asked to determine an application to vary the existing premises licence to licence the sale of alcohol during adult entertainment.

Mrs L Murray, Solicitor for the Applicants, advised that her clients Mr T Cochrane and Mr M Robb were experienced operators in the field of adult entertainment, having operated two lap dancing clubs in Aberdeen and Dundee for a number of years.  They had established good relationships with the Police and the Licensing Standards Officer in regard to management of these premises.  She advised that her clients operated a strict code of practice/protocol within their premises which was considered a model of excellence within the trade, and that it was proposed to replicate the protocol at Hush Nightclub, Inverness. She also advised that CCTV and appropriately qualified stewards would also be deployed at the premises. 

Mrs Murray cautioned against engaging in debate about personal attitudes to adult entertainment, noting that the Scottish Government had determined that it was acceptable for Licensing Boards to licence the sale of alcohol in premises which offered this activity. With regard to the letter of objection received she advised that the research and statistics which had been referred to were open to challenge.  She also noted that no objections to the application had been received from the public or Police Scotland, and in conclusion submitted that there were no material reasons for refusing the application.

In response to questions from members, Mrs Murray confirmed that her clients proposed to replicate the in-house policy/protocol operated at their existing premises which applied to all dancers and patrons. She also advised that the success of the policy was evidenced by the fact that her clients had not been the subject of any complaints in regard to their existing premises. Further she confirmed that her clients would be willing to accept an additional condition to the effect that on the nights when adult entertainment was being offered the premises would not open until 2100 hrs. She also confirmed that there would be no crossover between conventional and adult entertainment at the premises.

In response to further questions, Mrs L Murray advised that commercial factors would determine the frequency of adult entertainment events at the premises but she confirmed that her clients would be willing to give appropriate notice to Police Scotland and the Licensing Standards Officer in advance of these events, particularly in the early stages of operation.

The Board then heard from Ms G Gunn on behalf of the Highland Violence Against Women Strategy Group with regard to their objection to the application.  Ms Gunn made the following submissions.

• The provision of adult entertainment, such as lap dancing clubs, was contrary to the licensing objectives in regard to safeguarding public health and preventing crime and disorder;
• The outcome of the case Glasgow City Council v Brightcrew may render any conditions attached to the operation of adult entertainment activity such as lap dancing unenforceable, with Boards only being able to intervene in cases where there are issues relating to the sale of alcohol;
• Activities such as lap dancing etc were forms of commercial sexual exploitation, violence against women and a breach of human rights in line with the policy position of the Scottish Government, and international treaties on human rights which were legally binding on public bodies, and therefore directly relevant to the decisions of the Board;
• Adult entertainment activities were incompatible with the Council’s and other public bodies equalities duties and would compromise the Highland Violence Against Women Strategy’s outcomes and the Board’s Equalities Strategy which contained reference to these outcomes;
• If the Board was minded to approve the application, an equalities impact assessment should be carried out in respect of the application;
• The outcome of the case Belfast City Council v Misbehaving Ltd (2007) demonstrated that the Board could place a restriction on the number of adult entertainment premises within its area, including a complete restriction to no clubs;
• Approval of the application would have a negative impact on the amenity, local business and tourism in the locality.  Based on the available evidence it would lead to increased levels of harassment of women, crime and fear of crime.

In conclusion Ms Gunn recommended that the application be refused or that  the Board defer any decision until the legal position was clarified in regard the Brightcrew judgment and the Board’s powers to enforce any conditions attached to the grant of a licence.

In discussion the Clerk explained the potential implications of the Brightcrew case with regard to the ability of Licensing Boards to enforce conditions which did not relate purely to the sale of alcohol.  Clarification of this was still awaited.  However he advised that in the meantime the case should not prevent the Board from considering the application.  He also advised that the Board had no power to refuse the application on equalities grounds and that the application should be determined in accordance with the provisions of the Licensing (Scotland) Act 2005 which specified the only grounds on which an application could be refused.

During further discussion members raised a number of points, including:-

• Expressing concern that the Board’s equalities strategy could not be taken into account in the determination of the application, and suggesting that this matter be raised with Scottish Ministers;
• Expressing concern with regard to the enforceability of the conditions to be applied to the variation of the licence and whether the conditions were adequate in terms of the proposed activity and expressing concern at the lack of clarity in regard to the proposed frequency of the adult entertainment events;
• Noting the counter claims between the applicant and the objector in regard to the validity of the available evidence in regard to the impacts of adult entertainment;
• Pointing out that the Board did not take any potential impacts in regard to violence against women into account when determining application for the sale of alcohol for other activities such as football matches and therefore the same approach should be adopted with adult entertainment as with those  other activities;
• Expressing a contrary view that approval of the application would result in the sexual exploitation of women;
• Noting that if any issues arose in respect of the operation of the premises these would be brought back to the Board for consideration;
• Referring to that part of the application which related to opening at 1700 hrs on a Saturday and suggesting that this should remain at 1900 hrs as applied to other nightclubs in the area;
• Suggesting that it had been demonstrated that sufficient controls would be implemented to allow the application to be approved and noting that the dancers employed at the premises could be male or female, and
• The potential for the applicant’s operating statement to be included within the Operating Plan for the premises;

In regard to the opening hour on a Saturday, Mrs L Murray confirmed that her clients would be content to withdraw this part of the application.

Responding to a query by the Chairman, the Licensing Standards Officer also confirmed that the adult entertainment events would not be advertised outwith the premises.  He also confirmed that if the applicant’s operating statement was incorporated into the operating plan, compliance could then be enforced through the mandatory condition requiring that activities be carried out only in accordance with the operating plan.

Thereafter, and following further discussion the Board AGREED, subject to the application being amended by withdrawing that part of the application for opening at 1700 on Saturday, to grant the application subject to:

i. the mandatory conditions;
ii. the existing local conditions;
iii. the special condition detailed at paragraph 7.3 of the Report (amended to refer to
    Police Scotland rather than to Northern Constabulary);
iv. the Adult Entertainment conditions detailed at paragraph 7.4 of the Report;
v. an additional condition to the effect that on the nights when adult entertainment
    was being offered the premises would not open until 2100 hrs, and
vi. incorporation of the applicant’s operating statement into the operating plan.

Note:- The Board adjourned at 1.45pm and reconvened at 2pm.

9.4 Ref: HC/INBS/98  
Applicant: Punch Partnership Limited, Jubilee House, Second Avenue, Burton Upon Trent, per TLT LLP, Solicitors, One Redcliff Street, Bristol-
Premises: Tipsy Laird, 68 High Street, Kingussie
Type: On and Off Sales

There had been circulated Report No HLB-056-13 (155kb pdf) by the Clerk advising that objections in response to the application had been received from Donald Maclagen, 1 Victoria Court, Kingussie, Hamish and Lesley Cromarty, Achbuie, Breachloch, Culbokie, and representations received from Kingussie and Vicinity Community Council. The report invited the Board to determine the application.

The Clerk advised that his application had been withdrawn by the applicant and Mrs L Murray, Solicitor for the applicant, confirmed this.

The Board NOTED that the application had been withdrawn.

9.5  Ref: HC/ RSL/0714   
Applicant: Hart Hotels Ltd per Kilpatrick and Walker, Ayr
Premises: Mackays Hotel and Spa Lodge, Strathpeffer
Type: On Sales

There had been circulated Report No HLB-057-13 (19kb pdf) by the Clerk inviting the Board to determine the application.

The Board AGREED to grant the application subject to mandatory conditions and to the local conditions set out at paragraph 7.1 of the report.

9.6  Ref: HC/RSL/0101 
Applicant: Partnership of John Grant and Joanna Munro, The Frigate, Shore Street, Ullapool
Premises: The Frigate, Shore Street, Ullapool
Type: On Sales

There had been circulated Report No HLB-058-13 (21kb pdf) by the Clerk inviting the Board to determine the application.

The Board AGREED to grant the application subject to the mandatory conditions and the replacement of the local conditions with those detailed at paragraph 7.0 of the Report. 

9.7  Ref: HC/CSER/1088  
Applicant: Royal Dornoch Golf Club, Golf Road, Dornoch
Premises: Royal Dornoch Golf Club, Golf Road, Dornoch
Type: On and Off Sales

There had been circulated Report No HLB-059-13 (18kb pdf) by the Clerk inviting the Board to determine the application.

The Board AGREED to grant the application subject to mandatory conditions and the existing local conditions.

9.8  Ref: HC/CSER/1504  
Applicant: Crerar Hotel Group Ltd per Shepherd and Wedderburn LLP, 5th Floor, 1 Exchange Crescent, Conference Square, Edinburgh
Premises: Glencoe Hotel, Glencoe
Type: On and Off Sales

There had been circulated Report No HLB-060-13 (38kb pdf) by the Clerk inviting the Board to determine the application.

The Board AGREED to grant the application subject to mandatory conditions and the existing local conditions.

10.  Licensing (Scotland) Act 2005 Section 38 –
Applications for Review of Premises Licence
Achd Cheadachd (Alba)2005, Earrann 38 –
Iarrtasan airson Eisteachd Ath-breithnechail air Ceadachd Togalaich

10.1 Premises: Karma Lounge, 5-9 Young Street, Inverness
Licence Holder: Caledonian Heritable Ltd, 4 Hope Street, Edinburgh

There had been circulated Report No HLB-061-13 (110kb pdf) appending a premises licence review application from Police Scotland dated 30 April 2013 in terms of Section 36 of the Licensing (Scotland) Act 2005 and inviting the Board to determine the review application by way of a hearing.

The Board was advised that the review application alleged that there had been a breach of mandatory condition 3 which required that any other activity to be carried on in the premises be carried on only in accordance with the operating plan contained in the licence.  The alleged breach was a failure to adhere to the Children’s Policy contained within the operating plan for the premises which permitted children on the premises only until 2200 hrs, only for the purpose of a meal and only if accompanied by an adult.

Thereafter, the Board heard from Inspector A Henderson in regard to the terms of the Chief Constable’s review application and the circumstances of the alleged breach.

Mrs L Murray, Solicitor for the Applicant, explained that her client had accepted the booking for  an ‘under 18’ private function on the basis that she had misinterpreted her premises licence and had not been aware of the specific condition on children and young persons contained in the operating plan. She explained that the condition was not replicated in the premises licence or the premises licence summary which had been checked by her client and therefore she had made a genuine error in accepting the booking for the function for which she accepted full responsibility and apologised.

Mrs Murray also reported that there was no evidence to suggest that any under 18 year olds were served alcohol on the premises and she outlined the measures taken by her client to ensure that this had been the case.  She reported that alcohol had been served to adults on the premises in a separate area to the rear of the premises but that her client had manned this area to ensure no young persons gained access to it.  She also advised that any youngsters arriving intoxicated at the premises had not been permitted entry, and any alcohol found on those attending the private function had been confiscated by the door stewards on entry.

In summary Mrs Murray advised that her client wished to assure the Board under 18s would be permitted on the premises in future only in accordance with the operating plan and that there would be no recurrence of the events which had led to the review hearing. 

In discussion Members raised a number of questions in regard to the level and nature of adult supervision at the function and the Board heard from both Mrs L Murray and Inspector A Henderson in this regard.

The Board also heard from the Licensing Standards Officer who suggested that the onus was on the licence holder to have read the full terms of the premises licence including the operating plan.  He advised that the Premises Manager had not exercised due diligence in accepting the booking for the private function, which had been contrary to the terms of the Licence.

Following further discussion Mr A Duffy moved that the Premises Licence be suspended but on failing to find a seconder the motion fell.

Thereafter, the Board AGREED to issue the Premises Licence Holder with a written warning in regard to the incident. 

10.2 Premises: Ossians Hotel, High Street, Fort William
Licence Holder: Derek and Janice Wallace

There had been circulated Report No HLB-062-13 (60kb pdf) by the Clerk appending a premises licence review application by Police Scotland dated 9 May 2013 in terms of Section 36 of the Licensing (Scotland) Act 2005 and inviting the Board to determine the review application by way of a hearing.

The Board was advised that the review application alleged that there had been a breach of the local condition which formed part of the premises licence conditions which stated that after 9.00pm alcoholic and non-alcoholic drinks should be sold or served in plastic or polycarbonate glasses.

Thereafter the Board heard from Inspector A Henderson in regard to the terms of the Chief Constable’s review application.

The Board also heard from Mrs Janice Wallace, Premises Licence Holder in regard to the alleged incident. She explained that due to an oversight on her part she had misinterpreted the condition in relation to drink being served in plastic or polycarbonate glasses, on the basis that she had understood the condition related only to drinks normally dispensed in glasses, and not bottled beer. In mitigation she also advised that bottled beer accounted for a small percentage of their sales. In summary Mrs Wallace apologised to the Board for the breach of the condition and provided an assurance that there would be no recurrence of the breach of the local condition. She also questioned why the condition was not applied to occasional licence applications

The Licensing Standards Officer advised that the licence holders were responsible licensees and members of the local Pubwatch Scheme who operated a well-managed establishment. She was also satisfied that the licence holders had taken sufficient steps to ensure no recurrence of the incident.

In response to questions it was also clarified that the application of the condition relating to plastic glasses to grants of extended hours and occasional licences was specific to the individual premises or event, with each case being considered on its merits.

Following discussion the Board AGREED to issue the Premises Licence Holders with a written warning in regard to the incident. 

11.  Licensing (Scotland) Act 2005 Section 84A Hearing
Personal Licence HC/INBS/PERS/11/1271
Achd Cheadachd (Alba) 2005, Earrann  84A
Ath-sgrudadh air Ceadachd Phearsanta – Brath Ditidh

11.1 Licence Holder: Chrisanne Rutherford Dunn

There had been circulated Report No. HLB-063-13 (603kb pdf) by the Clerk inviting the Board to hold a Hearing to consider a report received  under Section 84A of the Act from the Chief Constable alleging that the licence holder had engaged in conduct inconsistent with the licensing objectives when employed as a Premises Manager at a licenced premises in Dumfries.

The Board noted that Ms Dunn was not present.  The Clerk confirmed that she had been invited to attend the meeting.

The Clerk further clarified that in terms of Section 83 and 84A of the Act, it was the Highland Licensing Board, as the Board which issued the personal licence, rather than the Board for the area in which the licensed premises was located, which was required to hold the hearing.

The Board then heard from Inspector A Henderson in regard to the detail of the Chief Constable’s report which concluded that Ms Dunn’s conduct was not consistent with that expected of a Personal Licence Holder and was contrary to the licensing objectives of preventing crime and disorder, and securing public safety.

[text removed from web version in compliance with Data Protection Act 1998]

Following discussion the Board AGREED to revoke Ms Dunn’s Personal Licence on the basis that her conduct had been inconsistent with the licensing objectives of preventing crime and disorder and securing public safety.

Note:-  Mr R Greene left the meeting at this point.

12.  Surrender of Premises Licence
Geilleadh Ceadachd Togalaich fo

12.1 Premises: Talisker Distillery (Mash House), Carbost, Isle of Skye
Licence Holder: Diageo Scotland Limited

There had been circulated Report No HLB-064-13 (14kb pdf) by the Clerk advising that the Temporary Premises Licence for the above premises had been surrendered.

The Board NOTED that the Temporary Premises Licence had been surrendered and had therefore ceased to have effect.

13.  The Gambling Act 2005
Review Hearing Section 38
Achd na Cearrachd 2005
Èisteachd Ath-sgrùdaidh Earrainn 38

13.1 Premises: Nessies Amusement Centre, 9-21 Castle Street, Inverness
Licence Holder: John Codona’s Holiday Inn Ltd, 36 Beaconsfield Place, Aberdeen per Meston Reid and Co, Chartered Accoutants, 12 Cardon Place, Aberdeen.

There had been circulated Report No HLB-065-13 (15kb pdf) by the Clerk advising that the annual fee in respect of the adult gaming machine licence for the above premises remained unpaid and that the Licence Holder had received a reminder and had been advised of the possible consequences of failure to pay.  The Report explained that Licence Holder had gone into liquidation within the meaning of the Insolvency Act 1986.

The Board AGREED to revoke the adult gaming machine licence for the premises.    

14.  Proposed Consultation Draft Policy Statement 2013-16
Dreachd Aithris Poileasaidh na Co-chomhairle a Thathar a’ Moladh 2013-16

There had been circulated Report No HLB-066-13 (1818kb pdf) by the Clerk inviting the Board to approve the publication and issue of the proposed Consultation Draft Policy Statement set out in Appendix 1 as a formal Consultation Draft.

The Depute Clerk reported that on page 198 the date for consultation responses should be amended to read 31 July 2013, and on page 190 the local condition relating to plastic glasses would also be amended before the document was issued for consultation to match the options set out in section 2.9 of the draft Policy.

Thereafter, the Board APPROVED the publication and issue of the proposed Consultation Draft Policy Statement set out in Appendix 1 as a formal Consultation Draft and agreed to invite statutory consultees and members of the public to submit consultation responses by 31 July 2013.

The Board further APPROVED the Consultation Questionnaire set out in Appendix 2 for issue with the Consultation Draft together with Appendices 4-7

The meeting ended at 3.00 pm.