A Minute of the meeting of the Highland Licensing Board, Inverness, Nairn and Badenoch and Strathspey Division which was held in the Council Chambers, Glenurquhart Road, Inverness on 3rd March 2009 commencing at 03.00pm
Present:
Peter Corbett
Gregor Rimell
Helen Carmichael
Pauline Munro
Roy Pedersen
Norrie Donald
John Ford
In attendance:
Inspector Blair Marquis, Northern Constabulary
Donald Somerville, Clerk to the Licensing Board
Ian Cox Licensing Standards Officer
Wendy Grosvenor Licensing Assistant
Declarations of Interest – Councillor Pauline Munro declared a non-financial interest in Items 6 and 46 of the agenda and agreed to take no part in the consideration of these items.
Members attended three site visits in Aviemore for the morning of the 3rd March 2009 at: (1) The Vault, Grampian Road, Aviemore; (2) The Winking Owl, Grampian Road; and (3) RD’s in Grampian Road.
Councillor P Munro had not been able to attend the site visits and therefore declared that she would take no part in the discussion and decision making process for Items 3 (48), (50) and No. 4.
1. Apologies for Absence
Councillor Laurie Fraser
2. Confirmation of Minutes
There were submitted for confirmation as a correct record the Minutes of Meeting of the Board held on 20th January 2009.
The Board APPROVED the Minutes.
3. The Licensing (Scotland) Act 2005
3.1.1 Premises Application for Garage at BP Longman Filling Station, 22-24 Longman Road, Inverness
Report INBS 20/09 by the Clerk dated 30th January 2009
The Clerk spoke to Report INBS 20/09.
The applicant’s solicitor was present and made a representation supporting the application. Papers and a petition in support of the application were circulated to Board Members.
After consideration and having agreed that the terms of Section 123(5) had been met, the Board GRANTED the application at Item 28.
3.1.2 Applications for Premises Licence
1
Phoenix Bar
106-110 Academy Street
Inverness
IV1 1LX
Publicana Ltd
c/o Harper MacLeod Solicitors
45 Gordon Street
Glasgow
G1 3PE
GRANTED
2
The Ironworks
122b Academy Street
Inverness
IV1 1LX
La Scala Entertainment Ltd
c/o Lorna Murray
Solicitor
45 Culduthel Road
Inverness
IV2 4HQ
DEFERRED pending a report by the Clerk
3
115 Grampian Road
Aviemore
PH22 1SQ
Naeela Shahzad
c/o Allan Black & McCaskie
151 High Street
Elgin
IV30 1DX
GRANTED
4
Scotmid/Morning, Noon & Night
Balloch Stores
Culloden Road
Balloch
Inverness
IV2 7HQ
Scottish Midland Co-operative Society Ltd
c/o Anderson Strathern
1 Rutland Court
Edinburgh
EH3 8EY
GRANTED
5
Bakoo
Baron Taylor Close
39 High Street
Inverness
IV1 1HT
Eileen MacIver
c/o Andersons
125 West Regent Street
Glasgow
G2 2SA
DEFERRED pending a report by the Clerk
6
Carlton Bingo
Beechwood Park North
Inverness
IV2 3ED
Carlton Clubs plc
c/o Lindsays Edin.
Caledonian Exchange
19a Canning Street
Edinburgh
EH3 8HE
GRANTED
7
Kinveachy Lodge
Boat of Garten
Inverness-shire
PH24 3BT
Alexander Scobbie Lewis
GRANTED
8
Gellions
Bridge Street
Inverness
IV1 1HD
Punch Taverns (Inns) Limited
c/o Ford & Warren
Westgate Point
Westgate
Leeds
LS1 2AX
GRANTED
9
Monty's Bar (At Gellions)
Bridge Street
Inverness
IV1 1HD
Punch Taverns (Inns) Limited
c/o Ford & Warren
Westgate Point
Westgate
Leeds
LS1 2AX
GRANTED with amended hours on operation plan
10
Peat by the Bridge
16/20 Bridge Street
Inverness
IV1 1DG
Peat Restaurant Limited
c/o Lorna Murray
Solicitor
45 Culduthel Road
Inverness
IV2 4HQ
DEFERRED pending a report by the Clerk
11
Morag's Lodge
Bunioch Brae
Fort Augustus
PH32 4DG
Morag's Lodges Limited
c/o Harper MacLeod Solicitors
45 Gordon Street
Glasgow
G1 3PE
GRANTED
12
The Ptarmigan
Cairngorm Mountain
Cairngorm Ski Area
Aviemore
PH22 1RB
Cairngorm Mountain Ltd
c/o Lorna Murray
Solicitor
45 Culduthel Road
Inverness
IV2 4HQ
DEFERRED to resolve a technical issue with operation plan
13
Shapla
2 Castle Road
Inverness
IV2 3AA
Hussain Ahmed
c/o Lorna Murray
Solicitor
45 Culduthel Road
Inverness
IV2 4HQ
DEFERRED pending transfer of licence
14
Barney's
35 Castle Street
Inverness
IV2 3DU
Imran Rafique
GRANTED
15
Woodshed Bar
Coylumbridge
Aviemore
PH22 1QN HLT Stakis SPE Limited
c/o McGrigors
Pacific House
70 Wellington Street
Glasgow
G2 6SB
GRANTED
16
Culloden Moor Inn
Culloden Moor
Inverness
IV2 5ED
Gordon John Morison
c/o Lorna Murray
Solicitor
45 Culduthel Road
Inverness
IV2 4HQ
GRANTED
17
Boat of Garten Post Office
Deshar Road
Boat of Garten
PH24 3BN
David George Woolsey
GRANTED
18
Cobbs at Urquhart Castle
Drumnadrochit
Inverness-shire
IV63 6XR
James Fraser Campbell
c/o Anderson, Shaw & Gilbert
York House
20 Church Street
Inverness
IV1 1AD
DEFERRED pending site notice confirmation
19
Scotmid
1 Green Drive
Culduthel
Inverness
IV2 4EX
Scottish Midland Co-operative Society Ltd
c/o Anderson Strathern
1 Rutland Court
Edinburgh
EH3 8EY
GRANTED
20
Al Raj
25-27 Harbour Street
Nairn
IV12 4NX
Moshahid Ali
c/o Lorna Murray
Solicitor
45 Culduthel Road
Inverness
IV2 4HQ
GRANTED
21
Richmond House Hotel
High Street
Fort Augustus
PH32 1BD Colin Sidley
c/o MacArthur Stewart
Solicitors
87 High Street
Fort William
PH33 6DG
GRANTED
22
Mortimers
3 High Street
Grantown on Spey
PH26 3HB
George Grant Mortimer
GRANTED
23
Victoria Wine
17 Kenneth Street
Inverness
IV3 5NR
First Quench Retailing Ltd
GRANTED
24
The Steading Bar & Restaurant
Kilmartin
Glenurquhart
Inverness-shire
IV63 6TN
The Firm of the Steading
c/o MacArthur & Co
7 Ardross Street
Inverness
IV3 8PL
GRANTED
25
Laggan Stores Ltd
Laggan Bridge
Newtonmore
PH20 1AH
Laggan Stores Ltd
GRANTED
26
Loch Ness Inn
Lewiston
Drumnadrochit
Inverness-shire
IV63 6UN
Lewiston Arms Limited
c/o MacArthur & Co
7 Ardross Street
Inverness
IV3 8PL
GRANTED
27
Key Store
4 Lochalsh Road
Inverness
IV3 8HW
Joseph Mooney
GRANTED
28
BP Longman Filling Station
22-24 Longman Road
Inverness
IV1 1VY
BP Oil UK Limited
c/o Harper MacLeod Solicitors
45 Gordon Street
Glasgow
G1 3PE
GRANTED
29
Inverness Thistle Hotel
Millburn Road
Inverness
IV2 3TR
Guoman Hotel Management (UK) Ltd
c/o Morton Fraser
30-31 Queen street
Edinburgh
EH2 1JX
GRANTED
30
Morrisons
Millburn Road
Inverness
IV2 3TR
WM Morrison Supermarkets PLC
c/o Hill Brown
3 Newton Place
Glasgow
G3 7PU
GRANTED
31
Slice Restaurant
18 Millburn Road
Inverness
IV2 3QX
Premier Inn Limited
c/o Brunton Miller
Herbert House
22 Herbert Street
Glasgow
G20 6NB
GRANTED
32
Tesco Store
Milton of Inshes
Perth Road
Inverness
IV2 3TW
Tesco Stores Limited
c/o Hill Brown
3 Newton Place
Glasgow
G3 7PU
GRANTED
33
Mountview Hotel
Nethybridge
Inverness-shire
PH25 3EB Heatherlea (Scotland) Ltd
GRANTED
34
The Moorings Restaurant
Oich Road
Fort Augustus
Inverness-shire
PH32 4DJ
Kenan Cetiner
GRANTED
The Clerk circulated to Members copies of two letters of objection which had been received for the following Item. One from Ms D Stevens, 1 Culcabock Avenue, Inverness, dated 15th February 2009 and one from R Smart, 53A Old Perth Road, Inverness dated 17th February 2009 and a report by the Licensing Standards Officer dated 25th February 2009
Mr and Mrs Stott for Raigmore Motel were present to support their application.
35 Raigmore Motel
Old Perth Road
Inverness
IV2 3RH Firm of The Raigmore Motel
The Licensing Standards Officer Ian Cox spoke to his report and confirmed that he proposed to liaise with the applicant within 3 months to monitor recommended improvements in mitigating any localised noise and disturbance from the premises.
The Board NOTED the LSO’s recommendations and agreed to GRANT the application on the basis that the LSO would liaise with the applicant, as proposed in his report, within the following 3 months.
36
Rajah Indian Restaurant
2 Post Office Avenue
Inverness
IV1 1DN
Firm of Rajah Restaurant
c/o Anderson, Shaw & Gilbert
York House
20 Church Street
Inverness
IV1 1AD
DEFERRED pending confirmation of site notice
37
City Bar (formerly North)
21 Queensgate
Inverness
IV1 1DF
Sutherland Bars Limited
c/o Lorna Murray
Solicitor
45 Culduthel Road
Inverness
IV2 4HQ
GRANTED
38
Motion
Rose Street
Inverness
IV1 1NQ
Inverness Properties Limited
c/o Lorna Murray
Solicitor
45 Culduthel Road
Inverness
IV2 4HQ
DEFERRED pending report by Clerk
39
Ravenscourt House Hotel
Seafield Avenue
Grantown-on-Spey
PH26 3JG
Firm of Ravenscourt House
GRANTED
40
Scotmid
34 The Square
Grantown on Spey
PH26 3HF
Scottish Midland Co-operative Society Limited
c/o Anderson Strathern
1 Rutland Court
Edinburgh
EH3 8EY
GRANTED
41
Spar
45 Thornbush Road
Inverness
IV3 8AB
C J Lang & Son Limited
c/o Shield & Kyd
5 Bank Street
Dundee
DD1 1RL
GRANTED
42
Co-operative Group Limited
13 Tomatin Road
Hilton
Inverness
IV2 4UA
Co-operative Group Ltd
c/o Tho. & J.W. Barty
61 High Street
Dunblane
FK15 0EH
GRANTED
43
Bught Park Stores
98 Torvean Avenue
Inverness
IV3 5SW
Bught Park Stores Ltd
GRANTED
44
Tulchan Sporting Estates Ltd
Tulchan Lodge
Advie
Grantown on Spey
PH26 3PW
Tulchan Sporting Estates Ltd
GRANTED
45
Oddbins Ltd
33/35 Union Street
Inverness
IV1 1QA Oddbins Ltd
GRANTED
46
Barbazza
5-9 Young Street
Inverness
IV3 5BL
Highland Hospitality (Leisure) Ltd
c/o Lorna Murray
Solicitor
45 Culduthel Road
Inverness
IV2 4HQ
DEFERRED pending report by Clerk and site notice display
Licensing (Scotland) Act 1976
47
Ramada Encore Inverness
63 Academy Street
Inverness
IV1 1LU
Ramcore Operations Ltd
c/o Mclellans
Old Cross House
Old Cross
Hertford
Hertfordshire
GRANTED PROVISIONAL HOTEL LICENCE
The Board NOTED that this application was incomplete.
Members agreed to GRANT a provisional hotel licence only, and delegated finalisation to the Clerk
Siite visits had been conducted in the morning of the meeting for premises at Items 48 and 50.
Regular Extension(s) - New
48
RD's Restaurant
111 Grampian Road
Aviemore
PH22 1RH
Thomas R Dunn
c/o Lorna Murray
Solicitor
45 Culduthel Road
Inverness
IV2 4HQ
GRANTED to 1 Sept 09 with late night opening conditions and curfew from 11.45pm,
After consideration the Board agreed to GRANT the application until 1st September 2009 and to apply the standard local Late Night Opening Conditions and Curfew.
49
Ramada Encore Inverness
63 Academy Street
Inverness
IV1 1LU
Ramcore Operations Ltd
c/o Mclellans
Old Cross House
Old Cross
Hertford
Hertfordshire
GRANTED provisional only hotel licence
50
The Vault
Bank of Scotland Buildings
Grampian Road
Aviemore
VM Entertainment Ltd
GRANTED with late night opening conditions and a curfew from 11.45pm.
Transfer(s) - Permanent
51
Shapla Tandoori
2/4 Castle Road
Inverness
Hussain Ahmed
Observation from police 2/12/2008. Deferred from Jan 20. Application incomplete.
WITHDRAWN
The Board NOTED that this application had been withdrawn by the applicant.
Children's Certificate(s) – Renewal
52
Ramada Encore Inverness
63 Academy Street
Inverness
IV1 1LU
Ramcore Operations Ltd
relates to new Hotel licence
DEFERRED, post site visit upon completion of all works
The Board agreed to DEFER consideration of Item 52 until a site visit had been carried out, prior to completion. The application agreed to notify the Board when this could be organised.
4. The Licensing (Scotland) Act 1976
Request for Review of Regular Extension Conditions
Premises: The Winking Owl, Grampian Road, Aviemore. Applicant: Jon Hume
A site visit had been carried out by Members for this item. After consideration, the Board agreed to DEFER full consideration to a future meeting of the Board, pending further local consultation on common curfew policy, delegated to the Clerk.
5. The Licensing (Scotland) Act 2005
Overprovision Statement
Report INBS 19/01 by the Clerk dated 30 January 2009
The Clerk spoke to Report No. INBS 19/01 and his recommendation.
The Board APPROVED the stages set out within the report in order to complete a review by 1st September 2009.
6. The Licensing (Scotland) Act 2005
Sunday Hours Policy
Report INBS 17/08 by the Clerk dated 11 February 2009
The Clerk spoke to Report No. INBS 17/08 and his recommendation.
The Board APPROVED and the recommendation to consider the parties to consult with and carry out the consultation, and to formulate policy hours.
The meeting concluded at 3.40pm.