Committees

A meeting of the Highland Licensing Board will take place in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Tuesday, 7 February  2012 at 12.00 noon (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.

 

Yours faithfully

 

 

Alaisdair H Mackenzie
Clerk to the Licensing Board

 

Declarations of Interest – 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.

 

Business

 

(Convener – Mr Peter Corbett)

 

1. Apologies for Absence

 

2. Confirmation of Minutes 

 

There is submitted for confirmation as a correct record: 

 

i. Minute of the meeting of the Highland Licensing Board held on 6 December 2011.

 

3. Licensing (Scotland) Act 2005
Licences granted under Delegated Powers

 

There is circulated Report No HLB-001-12 (21kb pdf) detailing Licences which have been granted under delegated powers by the Clerk to the Board during the period 23 November 2011 to 24 January 2012 and invites the Board to note the Report.

 

4. Licensing (Scotland) Act 2005
Occasional Licences and Extended Hours
granted under Delegated Powers

 

There is circulated Report No HLB-002-12 (42kb pdf) detailing Occasional Licences and Extended Hours Applications which have been granted under delegated powers by the Clerk to the Board during the period 23 November 2011 to 24 January 2012 and invites the Board to note the Report.

 

5. Non Payment of Annual Licensing Fees

 

There is circulated Report No HLB-003-12 (53kb pdf) report by the Clerk detailing non payment of the annual licensing fees.  The Board is invited to consider the report. 

 

6. Licensing (Scotland) Act 2005                            
Surrender of Premises Licence - Section 28(6)(b)

 

6.1 The following premises have surrendered their licence in 2011:

 

1. 104 Spice of India, 72 Grampian Road, Aviemore
2. 198 Tyree Hotel, The Square, Grantown on Spey
3. 235 Oddbins, 33-35 Union Street, Inverness
4. Altonburn Hotel, Nairn
5. Scottish Crafts & Whisky Centre, 135/139 High Street, Fort William
6. Duror Stores, Duror of Appin, Argyll, PA38 4BW

 

Note: The Premises Licences have been surrendered in terms of Section 28(6)(b) of the Licensing (Scotland) Act 2005.

 

7. Licensing (Scotland) Act 2005  
Applications for Grant of Premises Licences
               

 

7.1
Ref: HC/INBS/530
Applicant:
Partnership of Mr S C and Mrs F G Dodds, The Rumblie, Gergask Avenue, Laggan by Newtonmore
Premises:  The Rumblie, Gergask Avenue, Laggan by Newtonmore
Type: On Sales

 

There is circulated Report No HLB-004-12 (276kb pdf) by the Clerk
There is circulated a letter of representation from Laggan Community Association received 10 January 2012.

 

There are circulated emails in support of the application from:
Jo Cumming and Ian Hall dated 17 January 2012,
Gail Carruthers dated 17 January 2012,
Jesse Dexter dated 17 January 2012,
J Langley dated 12 January 2012.

 

7.2
Ref: HC/INBS/529
Applicant:
  Mary Rose Tulloch or Nicholson, Househill Mains, Nairn.
Premises: Househill Coffee Shop and Farmhouse, Househill Courtyard, Househill Mearns, Nairn IV12 5RY
Type:  On Sales

 

There is circulated Report No HLB-005-12 (15kb pdf) by the Clerk

 

7.3
Ref: HC/RSL/1604
Applicant:
 Black Isle Brewing Co. Ltd, Old Allangrange, Munlochy, IV8 8NZ
Premises: Black Isle Brewery, Allangrange Mains, Munlochy
Type: Off Sales

 

There is circulated Report No HLB-006-12 (15kb pdf) by the Clerk.

 

8. Licensing (Scotland) Act 2005
Applications for Major Variations to Premises Licences   

 

8.1
Ref: HC/RSL/1019
Applicant:
Kathleen Mary Ross, Broom Bar, North Road, Ullapool.
Premises: Broom Bar, North Road, Ullapool
Type:  On and Off Sales

 

Variation:-
1. On Sales and Off Sales commencement hour on Sundays from 1230 hrs to 1200 hrs.   
Variation to On Sales terminal hour Mondays and Tuesdays from 2300 hrs to  
0100 hrs
Variation to On Sales terminal hour on Saturdays from 0000 hrs to 0100 hrs
Variation to On Sales terminal hour on Sundays from 2330 hrs to 2400 hrs   
and
2.  Variation to activities provided.    
3. Variation to terms of entry for children and young persons.

 

There is circulated Report No HLB-007-12 (27kb pdf) by the Clerk.

 

8.2
Ref: HC/RSL/0121
Applicant:
Firm of MJ & FB Hall per Lorna Murray, Solicitor, 45 Culduthel Road, Inverness
Type:  Off Sales
Premises: Cromarty Stores, 15 Bank Street, Cromarty

 

Variation:-
1. Off Sales commencement and terminal hours from being closed on Sunday
    to trading from 1000 hrs to 1900 hrs.
    Variation to terminal hour on Monday, Tuesday and Thursdays from
    1730 hrs to 1900 hrs.
    Variation to terminal hour on Wednesday from 1300 hrs to 1900 hrs
    Variation to terminal hour on Saturday from 1500 hrs to 1900 hrs
2.  Deletion of existing seasonal variation.
3.  Amendment to description of premises.

 

There is circulated Report No HLB-008-12 (26kb pdf) by the Clerk.

 

8.3
Ref: HC/RSL/1007
Applicant:
Rita Anne Bishop per Lorna Murray, Solicitor, 45 Culduthel Road, Inverness
Premises: Inchbae Lodge Guesthouse, Garve, IV23 2PH
Type:  On and Off Sales

 

Variation to:- 
Name of premises to Inchbae Cafe
Description of premises
Capacity of premises from 73 to 32 persons
Removal of Dance facilities from operating plan
New layout plan with revised footprint of licensed premises with the removal of bedroom and ancillary accommodation
Variation to terms of entry for children and young persons

 

There is circulated Report No HLB-009-12 (28kb pdf) by the Clerk.

 

8.4
Ref: HC/INBS/175
Applicant:
Pizza Express (Restaurants) Limited, Hunton House, Highbridge Estate, Oxford Road, Uxbridge, Middlesex, per McGrigors, Glasgow.
Premises: Pizza Express, Unit B Falcon Square, Inverness
Type:  On Sales

 

Variation:  
Variation of 6(b) to read: 'children and young persons will be allowed entry to the premises on the following basis: Children of secondary school age (12 and above) can be on the premises unaccompanied until 9pm after which they require to be in the company of a responsible adult. Young persons can be unaccompanied on the premises until 11pm after which time they require to be supervised by a responsible adult.

 

There is circulated Report No HLB-010-12 (26kb pdf) by the Clerk 

 

8.5
Ref: HC/CSER/0546
Applicant:
Murray Retail
Premises: Nisa Local, 2 Dunrobin Street, Helmsdae
Type:  Off Sales

 

Variation:  
1. Change the layout to relocate the off-sales area
2. Reduce the capacity of the off-sales area from 14m2 to 13m2
3. Other alterations to layout but not affecting the operating plan
4. Increase the terminal licensed hours on Mondays to Sundays from 2100 hrs to 2200 hrs

 

There is circulated Report No HLB-011-12 (404kb pdf) by the Clerk 

 

8.6
Ref: HC/RSL/0486
Applicant:
SBM (Fort William) Ltd
Premises: Volunteer Arms, 47-49 High Street, Fort William
Type:  On Sales

 

Variation:  
1. To extend terminal hour on Thursday, Friday, Saturday and Sunday evenings from 0100 hours to 0200 hours.

 

There is circulated Report No HLB-012-12 (398kb pdf) by the Clerk.

 

9. Licensing (Scotland) Act 2005 Section 37 -  Request for Review Hearing

 

9.1 Premises Licence: HC/INBS 100 The Winking Owl, 123 Grampian Road, Aviemore.

 

There is circulated Report  No  HLB-013-12 (67kb pdf) dated  20 January 2012  from Ian Cox the Licensing Standards Officer INBS.

 

Letter of complaint received from S Long 14 January 2012.

 

Letter of apology from applicant received 21 January 2012.

 

The Board is asked to resolve that, under Section 50A(4) of the Local Government (Scotland) Act 1973, the public be excluded from the meeting during discussion of the following Item 9.2 and 10.1 on the ground that it involves the likely disclosure of exempt information as defined in Paragraph 3 of Part 1 of Schedule 7A of the Act.

 

9.2   Personal Licence: Deborah Balchan

 

Notice of Conviction to members only dated 1 December 2011 from the Chief Constable.

 

10.      Review of Premises Licence – Notice of Conviction

 

10.1  McColls - The Square, Strathpeffer; Auchtercairn, Gairloch; Main  Street, Castletown; Provost Sinclair Road, Thurso; 8 Trentham Street,  Helmsdale

 

Notices of Conviction to members only have been received from the Chief Constable confirming the existence of relevant offences.