Committees

A meeting of the Highland Licensing Board will take place in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Tuesday, 12 June 2012 at 12 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.

 

Yours faithfully

 

Alaisdair H Mackenzie
Clerk to the Licensing Board

 

Business

 

1. Appointment of Convener – notwithstanding the decision of The Highland  Council the Board is legally obliged to appoint its own Convener. 

 

2. Consider Appointment of Vice Convener

 

3. Apologies for Absence

 

4. 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.

 

5. Highland Licensing Board Dates for 2012

 

Following The Highland Council meeting on the 31 May 2012, it has been agreed that Highland Licensing Board hold meetings in a six weekly cycle.  The undernoted dates are suggested:

 

7 August 2012
2 October 2012
6 November 2012
18 December 2012

 

These may be amended depending on the still to be agreed calendar of Highland Council meetings.

 

6. Confirmation of Minutes 

 

There is submitted for confirmation as a correct record: 

 

i. Minute of the meeting of the Highland Licensing Board held on 3 April 2012.

 

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

 

There is circulated Report No HLB-046-12 (31kb pdf) detailing Licences which have been granted under delegated powers by the Clerk during the period 21 March 2012 to 28 May 2012 and invites the Board to note the Report.

 

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

 

There is circulated Report No HLB-047-12 (58kb pdf) detailing Occasional Licences and Extended Hours Applications which have been granted under delegated powers by the Clerk during the period 21 March 2012 to 28 May and invites the Board to note the Report.

 

9. Clarification of Inverness Curfew Policy 

 

There is circulated Report No HLB-048-12 (15kb pdf) on the existing Curfew door policy pertaining to late opening premises in Inverness. 

 

10. Highland Licensing Board Festive Hours Policy 

 

There is circulated Report No HLB-049-12 (15kb pdf) on the options for a Festive Hours Policy for 2012/2013.

 

11. Licensing (Scotland) Act 2005  - Application for Provisional Premises Licences          

 

11.1
Ref: HC/RSL/1624
Applicant: Fasgadh Properties Limited  
Premises: Hector’s Bothy, Station Road, Kyle of Lochalsh, IV40 8AE 
Type:   On Sales and Off Sales

 

There is circulated Report No HLB-050-12 (22kb pdf) by the Clerk.

 

11.2
Ref: HC/INBS/535
Applicant:  Asda Stores Limited, Asda House, Great Wilson Street, Leeds LS11 5AD
Premises:  Asda Store, Ivanhoe Avenue, Inverness IV2 6BZ
Type:  Off Sales

 

There is circulated Report No HLB-051-12 (55kb pdf) by the Clerk  There is circulated letter from Chief Constable dated 20 April 2012.

 

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

 

12.1
Ref: HC/RSL/1625
Applicant:   Mrs Margaret Ann MacKintosh
Premises:  Spar Dingwall, 40 High Street, Dingwall, IV15 9SN
Type: Off Sales

 

There is circulated Report No HLB-052-12 (22kb pdf) by the Clerk 

 

12.2
Ref: HC/INBS/536
Applicant:  Thomsons Viz Ltd, Penthouse Golf View, Stotfield Road, Lossiemouth IV31 6QT
Premises:  Coffee Affair, 24 Church Street, Inverness IV1 1QA
Type:  On Sales

 

There is circulated Report No HLB-053-12 (22kb pdf) by the Clerk 

 

12.3
Ref: HC/RSL/1622
Applicant:  James and Justine Robertson, t/a Glencoe Cafe
Premises:  Glencoe Café, Glencoe Village, Ballachulish, PH49 4HP
Type:  On Sales

 

There is circulated Report No HLB-054-12 (22kb pdf) by the Clerk

 

12.4
Ref: HC/RSL/1619
Applicant:  Dale Monk
Premises:  Station Bar, Middle Street, Fort William,PH33 6DZ
Type:  On and Off Sales

 

There is circulated Report No HLB-055-12 (54kb pdf)  by the Clerk 

 

Note: The applicant and objector have been invited to attend the Hearing.

 

12.5
Ref: HC/CSER/1623
Applicant:  M and J Quinney, t/a Morven House Guesthouse
Premises:  Morven House Guesthouse, 70 Novar Road, Alness
Type:  On Sales

 

There is circulated Report No HLB-056-12 (18kb pdf) by the Clerk  

 

12.6
Ref: HC/RSL/1620
Applicant:  Morag N MacKenzie
Premises:  The Kilmartin Restaurant, Staffin Community Hall, Staffin, Isle of Skye, IV51 9JS
Type:  On Sales

 

There is circulated Report No HLB-057-12 (22kb pdf) by the Clerk 

 

13.  Licensing (Scotland) Act 2005 - Applications for Variation (Major) to Premises Licences    

 

13.1
Ref: HC/INBS/485
Applicant: Vue Entertainment Limited, 10 Chiswick Park, 566 Chiswick High Road, London W4 5XS
Premises: Vue Entertainment Ltd, Inverness Retail and Business Park, Eastfield Way, Inverness IV2 7GD
Type:  On Sales

 

Variation:  Change to Layout and Change to Operating Plan

  1. Capacity increased from 1606 to 1657 with the addition of screen 8. 
  2. Sunday opening for on sales to commence at 12.00 noon.

 

There is circulated Report No HLB-058-12 (22kb pdf) by the Clerk 

 

13.2
Ref: HC/INBS/239
Applicant: Premier Inn Ltd, Whitbread Court, Houghton Hall Business Park, Porz Avenue, Dunstable, LU5 5XE per John Gaunt and Partners.
Premises: Slice Restaurant and Inverness Centre Premier Inn, 18 Millburn Road, Inverness IV2 3QX
Type:  On and Off Sales

 

Variation: Change to Operating Plan, Change to Conditions, Change to Layout Plan-

  1. Remove Condition: After 9.00pm on Friday, Saturday and Sunday evenings, the Premises Licence Holder shall ensure that there is adequate stewarding at all entrances and egresses to the premises and within the premises. 
  2. To vary on and off sales to commence from 12.00 hrs on Sunday.
  3. To vary the terminal hours in respect of consumption times from 01.00 hrs throughout the week to more appropriate times in respect of each night and the operation of the site (Monday, Tuesday, Wednesday and Sunday 00.00 hrs and Thursday, Friday and Saturday to 01.00 hrs).
  4. Amendment to seasonal variation to make reference to the Board's Policy and 67 Declarations.
  5. To vary access to children and young persons.
  6. To vary Question 5(a) of the Operating Plan, so as to include accommodation (the accommodation is identified on the plans referred to above, but is all within the Premier Inn block or the old distillery).
  7. To vary the information required to explain why activities detailed in the Operating Plan are outwith core hours.
  8. Inclusion of off sales area and hotel capacity at Question 7 of the Operating Plan.
  9. To vary Question 5 to include outdoor drinking facilities.
  10. To vary Question 5 to include Quiz Nights, Charity Nights and Wifi facilities.
  11. Inclusion of external area within the Licensed area.
  12. To include the hotel block within the ambit of the licensed area.
  13. Amendment to information contained on the key on the plan, as attached and in particular:
    i)  To remove the wording 'alcohol only allowed in plastic cups in the external area'.
    ii) To vary the wording 'adult area' to 'bar area'.
  14. To include hotel accommodation within Slice Restaurant building within the ambit of the licensed area.
  15. Change to premises description:  "The premises operate as a hotel, restaurant and bar situated within their own grounds. 

 

There is circulated Report No HLB-059-12 (26kb pdf) by the Clerk 

 

13.3
Ref: HC/RSL/0451
Applicant: Hugh C Dailly
Premises: Highland Getaway Restaurant, 28 Leven Road, Kinlochleven
Type:  On and Off-Sales

 

Variation:

  1. To revise the description of the premises to incorporate Restaurant/Bar facilities on the upper floor;
  2. To create an additional room containing a bar counter, pool table, soft seating, additional tables, balcony and toilet provision on the upper floor of the premises;
  3. Increase the capacity of the premises from 48 persons to 78 persons (68 persons seated and 10 standing);
  4. To provide additional toilet facilities on the ground floor;
  5. To provide an additional stairwell leading to the upper floor of the premises from the lower floor;
  6. Provision of off-sales to be taken from ground floor storage area;
  7. Addition of external access leading to the upper floor.

 

There is circulated Report No HLB-060-12 (24kb pdf) by the Clerk 

 

13.4
Ref: HC/RSL/1119
Applicant: Malthurst Retail Limited
Premises: Malthurst Road to the Isles Filling Station, North Road, Fort William, PH33 6TQ
Type:  Off-Sales

 

Variation:

  1. The applicant seeks to increase the off-sale capacity of the premises from  4.4m2 to 7.95m2.

 

There is circulated Report No HLB-061-12 (22kb pdf) by the Clerk 

 

13.5
Ref: HC/CSER/1607
Applicant: Asda Stores Limited
Premises: Asda Store, A9 Knockbreck Road, Tain (Provisional)
Type:  Off Sales

 

Variation:   

  1. Increase capacity set aside for alcohol from 120.76m2 to 173.4m2 due to increase in alcohol display frontage.

 

There is circulated Report No HLB-062-12 (22kb pdf) by the Clerk

 

13.6
Ref: HC/CSER/0195
Applicant: Sheila A Macdonald
Premises: Caberfeidh Hotel, Main Street, Golspie
Type:  On and Off Sales

 

Variation:   

  1. Change the on-sales hours on Saturdays to 1100 hrs to 0100 hrs and Sundays to 1200 hrs to 2400 hrs.
  2. Change the off-sales hours on Sundays to 1200 hrs to 2200 hrs.

 

There is circulated Report No HLB-063-12 (22kb pdf) by the Clerk

 

13.7
Ref: HC/CSER/1026
Applicant: James B Cowie
Premises: Captain’s Galley Seafood Restaurant
Type:  On and Off Sales

 

Variation:   

  1. Change the on-sales hours on Sundays to 1200 hrs to 2400 hrs
  2. Change the off-sales hours on Sundays to 1200 hrs to 2200 hrs
  3. Amend operating plan to include outdoor drinking area/dining area and servery
  4. Amend layout plan for creation of proposed new seafood bar kiosk and patio area for serving food and alcohol
  5. Amend description of premises to take account of change of layout and operating plan
  6. Amendment to children and young persons’ terms of entry to allow unaccompanied children and young persons at the seafood kiosk until 2200 hrs
  7. Increase capacity to 75 persons (existing 50 persons within restaurant plus 25 at the seafood bar/kiosk)
  8. Addition of takeaway food as another activity and that the seafood bar/kiosk may operate during and outwith core hours

 

There is circulated Report No HLB-064-12 (22kb pdf) by the Clerk

 

13.8
Ref: HC/CSER/0873
Applicant: Central Hotel
Premises: Central Hotel, 1-3 Traill Street, Thurso
Type:  On Sales

 

Variation:   

  1. Change on-sales Monday to Thursday to 1100 hrs to 0100 and Sundays to 1200 hrs to 2400 hrs. 
  2. Cease off-sales and delete off-sales capacity
  3. Amend activities to be provided during and outwith core licensed hours to include conference facilities, receptions, club meetings,  theatre, films and other activities including poker nights, quizzes, race nights, charity and fundraising events and darts matches.
  4. Amend description of the premises so as to read “3 storey hotel on corner site of Traill Street and Olrig Street, Thurso comprising 10 letting bedrooms, “Top Joes” bar, a café and dining facilities and, on the first floor, a function suite / night club”
  5. Delete existing terms of entry for children and young persons at 6(b) on operating plan and substitute “Children and young persons require to be accompanied by a responsible adult at all times other than between 0900 and 1900 hrs when making use of services and facilities within the café. Unaccompanied young persons may be permitted in the first floor function area only when attending a private function.
  6. Delete existing entry at 6(c) – Ages of children and young persons – and substitute “All ages subject to terms of entry”
  7. Delete existing entry children and young persons times of entry at 6(d) and substitute “ Children and young persons are excluded from any parts of the premises containing a bar counter after 2200 hrs unless consuming a meal or attending a private function”
  8. Delete existing entry at 6(d) - children and young persons parts of the premises – and substitute “Children and young persons permitted in all public parts of the premises except “Top Joes” bar.

 

There is circulated Report No HLB-065-12 (44kb pdf) by the Clerk

 

13.9
Ref: HC/CSER/1168
Applicant: The Newmarket Bar
Premises: The Newmarket Bar, Traill Street, Thurso
Type:  On Sales

 

Variation:   

  1. Vary on-sales hours on Mondays to Wednesdays: 1900 hrs to 0100 hrs, Thursday to Saturdays to 1900 hrs to 0300 hrs, and Sundays to 1600 hrs to 2400 hrs
  2. Remove off-sales hours
  3. Change operating plan to remove gaming, indoor sports and other activities
  4. Change children and young person’s policy
  5. Increase capacity to 130 persons
  6. Vary layout plan to relocate bar counter and install sound and light control booth
  7. Change description of premises to Live Entertainment Venue specialising in live music

 

There is circulated Report No HLB-066-12 (568kb pdf) by the Clerk

 

13.10
Ref: HC/CSER/1368
Applicant: Skinandi’s Nightclub
Premises: Skinandi’s Nightclub, Sir George’s Street, Thurso
Type:  On Sales

 

Variation: 

  1. Change on-sales hours on Mondays to Wednesdays: 1300 hrs to 0100 hrs, Thursdays to Saturdays: 1300 hrs to 0300 hrs, and Sundays: 1200 hrs to 2400 hrs.
  2. Cease the sale of off-sales, delete off-sales hours and off-sales capacity
  3. Change explanation for activities and services outwith core hours to read “ to allow possible use of the premises for activities commencing before 1300 hrs Monday to Saturday and 1200 hrs on a Sunday”

 

There is circulated Report No HLB-067-12 (227kb pdf) by the Clerk

 

13.11
Ref: HC/CSER/1345
Applicant: JOG 3 LLP
Premises: Storehouse, John O’Groats (formerly Journey’s End)
Type:  On Sales

 

Variation:   

  1. Change on-sales hours on Mondays to Saturdays to 1000 hrs to 0100 hrs and Sundays to 1200 hrs to 2400 hrs
  2. Add provision of off-sales with hours of Mondays to Saturdays from 1000 hrs to 2200 hrs and Sundays from 1200 hrs to 2200 hrs
  3. Provision of additional activities during and outwith core hours.  Operating hours will be from 0800 hrs daily
  4. Increase capacity for on-sales from 40 to 50 as a consequence of an extension to the premises
  5. Amend terms of entry for children and young persons
  6. Change to name of premises to “Storehouse” and description to a single storey detached café bar
  7. Change to premises manager

 

There is circulated Report No HLB-068-12 (50kb pdf) by the Clerk

 

13.12
Ref:  HC/RSL/0780
Applicant:  Angus and Teresa McGhie t/a Stein Inn
Premises: Stein Inn, Waternish, Isle of Skye, IV55 8GA
Type:  On Sales and Off Sales

 

Variation:

  1. Increase the core opening hour on a Sunday in respect of both on and off sales from 1230 to 1200 hours
  2. The external drinking area to be utilised outwith core hours.

 

There is circulated Report No HLB-069-12 (22kb pdf) by the Clerk

 

13.13
Ref:  HC/RSL/1308
Applicant:  Adam P Y MacDonald and Larissa J Adams t/a Harrapool Ltd
Premises: The Top Shop, Ford Road, Broadford, Isle of Skye, IV49 9AB
Type:  Off Sales

 

Variation:

  1. Increase the terminal core hour of 1800 hours on Monday and Tuesday, 1930 hours on Wednesday, 1800 hours on Thursday and Friday, 1930 hours on Saturday and 1700 hours on Sunday to 2200 hours Monday to Sunday inclusive
  2. To open the store at 0730 hours.

 

There is circulated Report No HLB-070-12 (22kb pdf) by the Clerk

 

13.14
Ref:  HC/RSL/1196
Applicant:  Murdo J Armstrong and Cristina Hermose Escalas t/a The Harbour Restaurant
Premises: Harbour Restaurant, Main Street, Broadford, Isle of Skye, IV49 9AE
Type:  On Sales

 

Variation:

  1. Increase the existing core hours of 1230 to 1430 hours and 1830 to 2300 hours on Sunday to 1200 to 2300 hours.
  2. Permit conference, restaurant, receptions and club group meetings to take place outwith core times with the additional activity of music which may be played at all times.
  3. At present children and young persons are permitted access to the restaurant until 2000 hours. The applicant requests that they are permitted at all times.

 

There is circulated Report No HLB-071-12 (22kb pdf) by the Clerk

 

13.15
Ref: HC/RSL/1476
Applicant:  Caledonian Café Ltd
Premises: The Granary Restaurant, Somerled Square, Portree,IV51 9EH
Type: On Sales

 

Variation:

  1. Increase the core hours on Monday to Sunday inclusive from the existing terminal hour of 1700 hours to 2300 hours.
  2. Remove the seasonal variation in relation to operating reduced hours over the winter period.
  3. Include receptions and club or group meetings within other activities and outdoor drinking activities to take place outwith core hours.
  4. Vary Premises Manager.
  5. Update the existing children’s policy to reflect that children will be permitted unaccompanied until 2000 hours and thereafter accompanied by a responsible adult.
  6. Increase in capacity from 50 to 58 within and from 15 to 16 outside due to a change in layout of the seating arrangements. This will alter the existing description of the premises which contains the capacity of the premises.

 

There is circulated Report No HLB-072-12 (22kb pdf) by the Clerk

 

13.16
Ref: HC/RSL/1410
Applicant:  Punch Partnership Ltd
Premises: Isles Inn, Somerled Square, Portree, IV51 9EH
Type: On Sales and Off Sales

 

Variation:

  1. Increase the core opening times on Sunday for on sales from the existing 1230 to 2330 hours to 1200 to 0000 hours and for off sales from the existing 1230 to 2200 hours to 1200 to 2200 hour.
  2. Include dance facilities.

 

There is circulated Report No HLB-073-12 (24kb pdf) by the Clerk

 

13.17
Ref: HC/RSL/0818
Premises: Atholl Filling Station/Waterside Café Bistro, Main Road, Dunvegan, IV55 8WA
Type: On Sales and Off Sales

 

Variation:

  1. to extend the core opening hours on Monday to Saturday inclusive from 2200 to 2300 hours.
  2. to permit flexibility in the way the premises operate, the applicant seeks to provide additional activities per receptions, meetings, music, live performances, televised sport, themes evenings, quiz nights and outdoor drinking facilities
  3. a change to the layout of the premises for  1) the internal access to the restaurant from  within the shop to external access from the garage  forecourt  2) installation of double exit doors to the rear of the restaurant leading onto  3) a new decking area for outside dining/drinking.

 

There is circulated Report No HLB-074-12 (23kb pdf) by the Clerk

 

14. Application for Variation on Transfer (S35)

 

Ref: HC/INBS/344
Applicant: VM Entertainment Ltd, 15A Harbour Road, Inverness, per MacLeod and MacCallum, 28 Queensgate, Inverness.
Premises: The Vault, Basement, Bank of Scotland Buildings, 96 Grampian Road, Aviemore, PH22 1RH.
Type: On Sales

 

Variation:  Vary the on sales terminal hour from 01.00 hrs to 03.00 hrs on Wednesdays and Sundays.

 

There is circulated Report No HLB-075-12 (77kb pdf) by the Clerk 
There is circulated letter of objection dated 24th May 2012 from Ms Marjory M Cleary.
There is circulated a letter of representation from the Chief Constable dated 28 May 2012

 

15.  Applications for Personal Licence:

 

15.1
Applicant: Kevin Irvine

There is circulated a letter from Chief Constable Letter - Item 15.1 (29kb pdf) dated 15 March 2012.
The applicant is cited to attend the meeting.

 

15.2
Ref: HC/RSL
Applicant: Francisco Gonzalez

 

There is circulated Report No HLB-076-12 (42kb pdf) by the Clerk. 

 

Note: The applicant and objector have been invited to attend the Hearing.

 

16 Review of Premises Licence – Notice of Conviction

 

16.1
Tesco Stores Limited, Latheron Lane, Ullapool
Tesco Stores Limited, Mart Road, Dingwall
Tesco Stores Limited, Grampian Road, Aviemore
Tesco Stores Limited, Milton of Inshes, Perth  Road, Inverness
Tesco Stores Limited, 8-10 Tomnahurich Street, Inverness
Tesco Stores Limited, 1a Eastfield Way, Inverness Retail Park
Tesco Stores Limited, Ness Side, Dores Road, Inverness
Tesco Stores Limited, Shore Road, Tain
Tesco Stores Limited, Millbank Road, Thurso
Tesco Stores Limited, Wick Airport, Wick

 

There is circulated Item 16.1 (92kb pdf) Notice of Conviction:
dated 18 May 2012 from the Chief Constable
dated 23 May 2012 from the Chief Constable (x2)

 

17 Request for Review of Premises Licence S 38
17.1
Premises: Jacko’s 44 Harbour Street, Nairn

 

There is circulated Report No HLB-077-12 (69kb pdf) Report by the Clerk.

 

There is circulated Report No HLB-078-12 (19kb pdf) Report by the Licensing Standards Officer.

 

There is circulated an email of complaint received on 15th May 2012.

 

The Licence Holder is cited to attend the meeting.