Agendas, reports and minutes

A meeting of the Highland Licensing Board will take place in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Friday, 9 June 2017 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

Susan Blease
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.  Election of Convener
Cur Neach-gairm an Dreuchd

In terms of paragraph 6 of Schedule 1 to the Licensing (Scotland) Act 2005 the Board must, at their first meeting after the election of members of the Board, elect one of their members as convener of the Board.

4.  Election of Vice-Convener
Cur Iar-Neach-Gairm an Dreuchd

The Board may elect one of their members as vice-convener of the Board.

5.  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 28 March 2017.

6.  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/046/17 detailing licences which have been granted under delegated powers by the Clerk to the Board during the period 16 March 2017 to 29 May 2017 and inviting the Board to note the report.

7.  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/047/17 detailing occasional licences and extended hours applications which have been granted under delegated powers by the Clerk to the Board during the period 16 March 2017 to 29 May 2017 and inviting the Board to note the report.    

8.  Highland Licensing Board Financial Report 2016-17 
Aithisg Ionmhasail Bòrd Ceadachd na Gàidhealtachd 2016-17

There is circulated Report No HLB/048/17 by the Clerk inviting the Board to approve the Board’s first annual Financial Report for publication in accordance with section 9B of the Licensing (Scotland) Act 2005.

9.  Licensing (Scotland) Act 2005
Applications for new premises licences
Achd na Ceadachd (Alba) 2005
Larrtas airson cheadachdan thogalaichean ura

9.1  Ref: HC/INBS/609
Applicant: Inverness College UHI per Stuart Stirling
Premises: Inverness College UHI, Inverness Campus, IV2 5NA
Type: On and Off Sales

There is circulated Report No HLB/049/17 by the Clerk.

9.2  Ref: HC/CSR/1817
Applicant: Balnapolaig Management Limited
Premises: The Steading, 4 Balnapolaig, Dornoch, IV25 3HA
Type: On and Off Sales

There is circulated Report No HLB/050/17 by the Clerk.

9.3  Ref: HC/CSR/1821
Applicant: SYHA (Trading) Ltd per Hill Brown Licensing, RWF House, 5 Renfield Street, Glasgow, G2 5EZ
Premises: Gairloch Youth Hostel, Carn Dearg, Gairloch
Type: On and Off Sales

There is circulated Report No HLB/051/17 by the Clerk.

9.4  Ref: HC/CSR/1820
Applicant: Aurora Brewing Ltd
Premises: Wolfburn Distillery, Henderson Park, Thurso
Type: On and Off Sales

There is circulated Report No HLB/052/17 by the Clerk.

9.5  Ref: HC/RSL/1824
Applicant: Knoydart Trading Limited
Premises: Knoydart Foundation Community Shop, Knoydart, by Mallaig, PH41 4PL
Type: Off Sales

There is circulated Report No HLB/053/17 by the Clerk.

9.6  Ref: HC/RSL/1819
Applicant: SYHA (Trading) Ltd
Premises: Durness Youth Hostel, Smoo, Durness, IV27 4QA
Type: On and Off Sales

There is circulated Report No HLB/054/17 by the Clerk.

10.  Licensing (Scotland) Act 2005   
Applications for provisional premises licences
Achd Ceadachd (Alba) 2005
Iarrtas airson ceadachdan thogalaichean le cumha

10.1  Ref: HC/INBS/608
Applicant: Glenfold Limited per Harper Macleod LLP, Solicitors, The Ca’d’oro, 45 Gordon Street, Glasgow, G1 3PE
Premises:  UrPAL Tours, 55 Church Street, Inverness, IV1 1ST
Type:  Off Sales

There is circulated Report No HLB/055/17 by the Clerk.

10.2  Ref: HC/RSL/1822
Applicant: Drimnin Distillery Limited
Premises:  Drimnin Distillery, Drimnin, By Lochaline, PA80 5XZ
Type:  On and Off-Sales

There is circulated Report No HLB/056/17 by the Clerk.

10.3  Ref: HC/RSL/1823
Applicant: Partnership of Britta Bernard and Iain W Biggart
Premises:  Knoydart River Cottage, Knoydart, By Mallaig, PH41 4PL
Type:  On and Off Sales

There is circulated Report No HLB/057/17 by the Clerk.

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

11.1  Ref: HC/RSL/1746
Applicant : Aldi Stores Limited per TLT LLP Solicitors, 140 West George Street, Glasgow, G2 2HG
Premises:  Aldi, Unit A, Fort William Retail Park, North Road, Fort William, PH33 6PP
Type:  Off-Sales

Variation:

1. Increase alcohol capacity from 31.59m2 to 31.31m2.

There is circulated Report No HLB/058/17 by the Clerk.

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

12.1  Ref:  HC/CSR/1088
Applicant:  Royal Dornoch Golf Club
Premises:  Royal Dornoch Golf Club, Golf Road, Dornoch, IV25 3LW
Type:  On and Off Sales

Variation:

1. Amend on sales licensed hours on Monday to Sunday to commence at 1000 hrs and terminate at 2400 hrs.
2. Amend off sales licensed hours on Monday to Sunday to commence at 1000 hrs.

There is circulated Report No HLB/059/17 by the Clerk.

12.2  Ref:  HC/INBS/25
Applicant:  Stonegate Pub Company Limited per Hill Brown Licensing, RWF House, 5 Renfield Street, Glasgow, G2 5EZ
Premises:  Lauders, 16 Church Street, Inverness, IV1 3EB
Type:  On and Off Sales

Variation:

1. Amend on sales for Thursday, Friday and Saturday to terminate at 0300 hrs rather than 0100 hrs.
2. Amend on sales for Sunday to commence at 1100 hrs and terminate at 0100 hrs.
3. Amend off sales for Sunday to commence at 1100 hrs rather than 1200 hrs.
4. Amend Q5 of the operating plan (dance facilities) to Yes, Yes, No.
5. Layout plan amended to show the area which will be used for dance facilities (Plan No. S10940001 Rev A).
6. Description of the premises to read:
   “Traditional Scottish pub offering entertainment, occupying the corner of Church Street, and Baron Taylors Street in Inverness City Centre.  Cross section of clientele 18-80.  Meals served during the day and sport is shown on plasma screens.  Quiz nights, karaoke, DJ.  Located on ground floor and basement of tenement building.  Three floors about occupied by firm of solicitors.  Within the basement area is situated the cellars, kitchen and office.  On the upper level there is a public area and toilets.”

There is circulated Report No HLB/060/17 by the Clerk.

12.3  Ref:  HC/INBS/31
Applicant:  Inverness Ice Centre Ltd per Lorna Murray, Solicitor, 45 Culduthel Road, Inverness, IV2 4 HQ
Premises:  Inverness Ice Centre, Bught Drive, Inverness, IV3 5SR
Type:  On and Off Sales

Variation:

1. On sales on Saturdays to terminate at 0100 hrs.
2. On sales on Sundays to commence at 1100 hrs and terminate at 0100 hrs.
3. Off sales on Sundays to commence at 1100 hrs.
4. Seasonal variations to be amended:  “The premises will operate policy hours granted by the board in relation to festive and other extensions.”
5. Amend children’s access to allow children to remain in curlers bar unaccompanied by an adult until 2200 hrs.
6. Under any other activities, add concerts, cabaret shows, comedy acts, magicians, practice session, tuition, dance classes, charity events, exhibitions, product launches, trade fairs, fetes, sporting events, sport and fitness classes and similar.

There is circulated Report No HLB/061/17 by the Clerk.

12.4  Ref:  HC/INBS/599
Applicant:  Cairngorm Spas Ltd per Lorna Murray, Solicitor, 45 Culduthel Road, Inverness, IV2 4HQ
Premises:  Highland Home Centre, Unit 18, Speyside Business Centre, Dalfaber Industrial Estate, Aviemore, PH22 1ST
Type:  On and Off Sales

Variation:

1. Capacity to increase to 90.
2. The footprint of the licensed premises to be extended to include a BBQ hut and adjacent decking area.
3. To be added to the description: “The licensed area includes a BBQ hut and also an external decking area.”

There is circulated Report No HLB/062/17 by the Clerk.

12.5  Ref:  HC/INBS/246
Applicant:  Carlton Clubs plc per Hill Brown Licensing, RWF House, 5 Renfield Street, Glasgow, G2 5EZ
Premises:  Carlton Bingo, Beechwood Park North, Inverness, IV2 3ED
Type:  On Sales

Variation:

1. Sunday on sales commencing at 1100 hrs rather than 1230 hrs.
2. Q5 of operating plan: amend outdoor drinking facilities to: yes, yes, yes.
3. Further details box, to add the following:
   “The outdoor area will be available during the hours of gaming, which are 0900 hrs until 2400 hrs.  No alcohol will be sold out with the core hours without there being the grant of an extended hours licence.”
4. The addition of a smoking shelter and a change to exit doors to access the area.  Copies of the proposed layout plan are attached. (Plan No. JKS12-1478-402).

There is circulated Report No HLB/063/17 by the Clerk.

12.6  Ref:  HC/INBS/303
Applicant:  Loch Ness Lodge Hotel Company Ltd per Donald Skinner
Premises:  Nessieland, Drumnadrochit, Inverness-shire, IV63 6TU
Type:  Off Sales

Variation:

1. Off on sales within the cafeteria/coffee shop.
2. Amend sections of operating plan to reflect full range of activities.
3. Insert children’s policy within operating plan.
4. Amend capacity number of coffee shop and outside drinking area.
5. Layout plans amended to show coffee shop and outside drinking area as part of licensed premises.
6. Amendment to description: “on sales are offered within the coffee shop area.  Sales by waitress service, there is no bar counter.  The outside drinking area is also included within the licensed area.”

There is circulated Report No HLB/064/17 by the Clerk.

12.7  Ref:  HC/INBS/59
Applicant:  Gillian Fiona Newton, The Gables, Essich, IV2 6AH
Premises:  Heathmount Hotel, Kingsmills Road, Inverness, IV2 3JU
Type:  On and Off Sales

Variation:

1. Sunday on and off sales to commence at 1100 hrs.
2. Allow outside area to be used prior to core hours for teas/coffees and the like.
3. Change of wording in section 6(d) to “Non-resident children and young persons will be permitted on the premises at management discretion until 2330 hrs.  In the case of privately booked functions they may be able to remain for the duration, if deemed suitable by the premises manager.”
   Resident children and young persons have unrestricted access with parental supervision.
4. Change of working in section 6(e) to “Children and young persons permitted access to all public areas at management discretion.”
5. Extension to lounge area facing the car park included within layout plans (ref. 0714.2038.01H).
6. External outside drinking area adjacent to Southside Road, to be included within licensed area.
7. Capacity to increase to 162.
8. Q4 – yes to seasonal variation to take advantage of festive policy hours.
9. Third paragraph of description to read:
   “Ground  floor of the premises consists of a restaurant area, lounge  and bar, kitchen and dish washing area.  The restaurant/dining area is served by a disabled toilet and unisex toilet.  There are external drinking areas located at the public bar/dining entrance and also at the side of the hotel adjacent to Southside Road, Inverness.”

There is circulated Report No HLB/065/17 by the Clerk.

12.8  Ref:  HC/INBS/142
Applicant:  Andrea Raynsford and Mark Robertson, The Star Hotel, 3 Church Street, Nairn, IV12 4AP
Premises:  The Star Hotel, 3 Church Street, Nairn, IV12 4AP
Type:  On and Off Sales

Variation:

1. On sales to terminate at 0300 hrs rather than 0100 hours on Thursday, Friday and Saturday.
2. Children’s Policy amended to allow children and young persons’ access for private functions only.
3. New bar area and layout has been created in the function suite – new layout plans prepared.
4. Description to read: “The Star Hotel comprises six letting bedrooms, traditional public bar, outside smoking area, dedicated function suite and lounge bar.  Also manager flat at top of building.”
5. Capacity to be increased from 170 to 176.
6. Seasonal Variation in accordance with the Licensing Board’s policy.

There is circulated Report No HLB/066/17 by the Clerk.

12.9  Ref: HC/CSR/1020
Applicant:  JD Wetherspoon (Scot) Ltd
Premises:  The Alexander Bain, Market Place, Wick
Type:  On and Off Sales

Variation:

1. Delete existing terms of entry for children and young persons on operating plan and substitute with “Children and young persons will be allowed access to the premises. Children (0-11 years) will be required to be accompanied by an adult (ie a person over 18 years of age). Children 12-15 years and young persons may, at the manager’s discretion, be allowed access to the premises unaccompanied provided they are there for the purposes of consumption of a meal”.
2. Delete existing times of entry for children and young persons on operating plan and substitute with “Young persons and accompanied children will be allowed entry to the premises subject to them having to vacate the premises by 2200 hrs unless taking a meal or attending a private function. Unaccompanied children (12-15 years) will be allowed entry to the premises from 0800 to 1800 hrs”.

There is circulated Report No HLB/067/17 by the Clerk.

12.10  Ref:  HC/CSR/1017|
Applicant:  Hart Hotels Ltd per Kilpatrick and Walker, 4 Wellington Square, Ayr, KA7 1EN
Premises:  Garve Hotel, Garve
Type:  On and Off Sales

Variation:

1. Increase licensed hours for on-sales on a Friday, Saturday and Sunday to terminate at 0100 hrs the following day.
2. Increase licensed hours for on-sales on a Sunday to commence at 1100 hrs and terminate at 0100 hrs the following day and for off-sales to commence at 1100 hrs.
3. Change of premises manager

There is circulated Report No HLB/068/17 by the Clerk.

12.11  Ref: HC/CSR/1100
Applicant:  Kevin Gunn
Premises:  Inver Inn, Inver, Tain
Type:  On and Off Sales

Variation:

1. Increase licensed hours Monday to Thursday, Saturday and Sunday to terminate at 0100 hrs the following day and, on a Sunday, to commence at 1100 hrs.
2. Increase off-sales hours on a Sunday to commence at 1100 hrs.
3. To the list of activities and services to be provided during and outwith core hours add, restaurant facilities and bar meals, receptions, club and other group meetings, music, live performances, gaming (core hours only) indoor and outdoor sports, televised sport and outdoor drinking facility. In addition charity and fundraising events may take place.
4. Amend policy for children and young persons so as to permit, at the discretion of the manager, unaccompanied young persons to be on the premises until 2200 hrs.
5. Change description of the premises so as to identify the premises as a public house.
6. Add a seasonal variation to take advantage of any period of extended hours agreed by the Board for the festive period.

There is circulated Report No HLB/069/17 by the Clerk.

12.12  Ref:  HC/CSR/1433
Applicant:  St Peter’s Masonic Lodge Club
Premises:  St Peter’s Masonic Lodge Club, Olrig Street, Thurso
Type:  On Sales

Variation:

1. Increase on sales hours on Monday to Saturday to terminate at 0100 hrs the following day.

There is circulated Report No HLB/070/17 by the Clerk.

12.13  Ref:  HC/CSR/1474
Applicant:   Strathpeffer Golf Club
Premises:  Strathpeffer Golf Club, Golf Course Road, Strathpeffer
Type:  On Sales

Variation:

1. Increase on sales hours on Friday and Saturday to terminate at 0100 hrs the following day.

There is circulated Report No HLB/071/17 by the Clerk.

12.14  Ref:  HC/CSR/1037
Applicant:  D A Stephen Associates Ltd t/a The Victoria
Premises:  The Victoria, 4 High Street, Dingwall
Type:  On Sales

Variation:

1. Increase on-sales licensed hours every day to commence at 1100 hrs.
2. Add off-sales with hours of Mondays to Sundays from 1000 hrs to 2200 hrs. 
3. To the list of other activities on the operating plan add whisky tasting/ sampling and off-sales on behalf of Glen Wyvis Distillery.
4. Alterations to layout to form a bar counter and a designated area to be referred to as Glen Wyvis Base Camp.
5. Change description of the premises to - Single storey 80 cover restaurant, café bar with whisky tasting / sampling and off-sales on behalf of Glen Wyvis Distillery within a defined area referred to as Glen Wyvis Base Camp. The business is primarily food-led but sales of alcohol will not be restricted only to persons taking a meal on the premises.

There is circulated Report No HLB/072/17 by the Clerk.

12.15  Ref:  HC/RSL/1465
Applicant:  Central Skye Hotels Limited
Premises:  Sligachan Hotel, Sligachan, Isle of Skye, IV47 8SW
Type:  On Sales and Off Sales

1.    Amend licensed hours Monday to Sunday to commence at 1100 hours and terminate at 0100 hours the following day;
2.   Increase off-sales hours on a Sunday to commence at 1100 hours;
3.    Remove seasonal variation so as to permit year round trading and amend the description of the premises to remove the reference to seasonal trade;
4.    Delete existing terms of entry for children and young persons and substitute terms making it clear that children require to be accompanied by an adult and that, at the discretion of management, young persons need not be accompanied by an adult. An additional restriction that only children and young persons having a meal or attending a function on the premises are permitted is also to be removed;
5.   Amend the layout of the premises following refurbishment of Seumas’ bar;
6.    Amend Premises Manager address details.

There is circulated Report No HLB/073/17 by the Clerk.

12.16:  Ref:  HC/RSL/1556
Applicant:  J D Wetherspoon (Scot) Ltd
Premises:  The Great Glen, 98-104 High Street, Fort William, PH33 6AD
Type:  On Sales and Off Sales

Variation:

1. Seeks to amend children and young persons policy to permit young persons to access the premises unaccompanied, at the management’s discretion, for the purposes of consuming a meal.

There is circulated Report No HLB/074/17 by the Clerk.

13.  Licensing (Scotland) Act 2005 Section 34 - transfer of premises licence
Achd Ceadachd (Alba) 2005, Earrann 34 – gluasad ceadachd togalaich

13.1 Ref:   HC/CSR/0326
Applicant:   Martin McColl Limited
Premises:   Co-operative Group Food Limited, Coulhill Locality Centre, Coulhill, Alness

There is circulated Report No HLB/075/17 by the Clerk.

13.2 Ref:   HC/CSR/0337
Applicant:   Martin McColl Limited
Premises:   Co-operative Group Food Limited, 2 Mount Pleasant Road, Thurso

There is circulated Report No HLB/076/17 by the Clerk.

14.  Licensing (Scotland) Act 2005 Section 74 - applications for personal licence
Achd Ceadachd (Alba) 2005 Earrann 74 – iarrtasan airson ceadachd phearsanta

14.1  Applicant:  Kamil Grzegorz Iciek

There is circulated Report No HLB/077/17 by the Clerk.

14.2 Applicant: Stacey Nolan

There is circulated Report No HLB/078/17 by the Clerk.

15.  Surrender of premises licence
Gèilleadh ceadachd togalaich

15.1  Premises:  Moorfield House, Deshar Road, Boat of Garten, PH24 3BN
Licence Holder:  Firm of GL and HL Harris trading as Moorfield House

15.2  Premises:  Café Beag, Glen Nevis, Fort William, PH33 6SX
Licence Holder: Glen Nevis Holidays Limited

15.3  Premises:  Brooklynn, Grant Road, Grantown-on-Spey, PH26 3LA
Licence Holder:  Silvia Woodier

15.4  Premises:  East Kindrummond Farm, Dores, Inverness, IV2 6TU
Licence Holder:  Andrew Lyle

The above premises licences have been surrendered in terms of Section 28(5)(f).

16.  The Gambling Act 2005
Achd na Cearrachd 2005

16.1  Variation Application:  Licensed Premises Gaming Permit
Ref:  HC/INBS/LPGM/323
Applicant: Stonegate Pub Company Limited
Premises: The Caledonian, 9-11 High Street, Inverness, IV1 1HY

There is circulated Report No HLB/079/17 by the Clerk.