Committees

A meeting of the Highland Licensing Board will take place in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Tuesday, 18 December 2012 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.

 

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 6 November 2012

 

ii. Minute of the special meeting of the Highland Licensing Board held on 6 November 2012.

 

iii. Minute of the special meeting of the Highland Licensing Board held on 20 November 2012.

 

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-143-12 (24kb pdf) detailing Licences which have been granted under delegated powers by the Clerk to the Board during the period 24 October 2012 to 4 December 2012 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-144-12 (50kb pdf) detailing Occasional Licences and Extended Hours Applications which have been granted under delegated powers by the Clerk to the Board during the period 24 October 2012 to 4 December 2012 and inviting the Board to note the Report.

 

6. Licensing (Scotland) Act 2005  
Application for Grant of Premises Licences

 

6.1  Ref: HC/RSL/1644
Applicant
:  Potomac Spa and Leisure Limited
Premises:  Allt Nan Ros, Onich, Nr Fort William, PH33 6RY
Type:   On and Off Sale

 

There is circulated Report No HLB-145-12 (23kb pdf) by the Clerk.

 

6.2  Ref: HC/ 1645
Applicant
:  Roger Niemeyer
Premises:  Glencoe House, Glencoe, PH49 4HT
Type:   On Sales

 

There is circulated Report No HLB-146-12 (806kb pdf) by the Clerk. 

 

6.3  Ref: HC/INBS/543
Applicant
: Highland Bottle Shop Ltd, 2 Forest Road, Grantown on Spey PH26 3JJ
Premises: Highland Bottle Shop, 45 King Street, Inverness IV3 5DG
Type: Off Sales

 

There is circulated Report No HLB-147-12 (18kb pdf) by the Clerk.

 

6.4  Ref: HC/CSER/1642
Applicant
: Aileen Miah
Premises: Aileen Miah t/a Taj Mahal, Bridge Street, Halkirk, KW12 6XY
Type: On Sales

 

There is circulated Report No HLB-148-12 (18kb pdf) by the Clerk. 

 

7. Licensing (Scotland) Act 2005  
Application for Provisional Premises Licences
Achd Ceadachd (Alba) 2005
Iarrtas airson Ceadachdan Thogalaichean le Cumha

 

7.1  Ref: HC/INBS/540
Applicant
:  Ben Macduis Inn Ltd., 8B Craig na Gower Avenue, Aviemore PH22 1RW
Premises:  Ben Macduis Inn, 72 Grampian Road, Aviemore PH22 1RH
Type:    On and Off Sales

 

There is circulated Report No HLB-149-12 (21kb pdf) by the Clerk.   This application was deferred at the meeting held on 2 October 2012 pending submission of current S50 Certificate from the Planning Agency.  This has now been submitted.

 

7.2  Ref: HC/CSER/1640
Applicant
: Greens Events and Catering Ltd
Premises: Greens Market, 4/5 Market Street, Tain, IV19 1AR
Type:   On Sales

 

There is circulated Report No HLB-150-12 (133kb pdf) by the Clerk.  Copies of objections/representations received from Building Standards and Planning attached.

 

7.3  Ref: HC/CSER/1643
Applicant
: Novar Arms Accommodation Limited per Lorna Murray, 45 Culduthel Road, Inverness, IV16 9UN
Premises: Novar Arms Hotel, Evanton
Type: On Sales

 

There is circulated Report No HLB-151-12 (19kb pdf) by the Clerk. 

 

8. Licensing (Scotland) Act 2005
Applications for variation (major) to Premises Licences
Achd Ceadachd (Alba) 2005
Iarrtasan airson Caochladh (Mòr) a thaobh Ceadachdan Thogalaichean

 

8.1  Ref: HC/RSL/0556
Applicant
: Syed Mujibur Rahman per Lorna Murray, Solicitor, 45 Culduthel Road, Inverness, IV2 4HQ
Premises: Café India, Lockhart House, Tulloch Street, Dingwall, IV15 9JY
Type: On Sales

 

Variation:-

  1. Update premises licence holder address
  2. Vary description of premises licence
  3. Increase on sales hours from 1200 hrs to 0000 hrs Monday to Saturday (formerly 1200 hrs to 1400 hrs and 1700 hrs to 2300 hrs)
  4. Include takeaway facilities
  5. Allow on sales to those waiting to collect takeaway orders
  6. Remove “specific condition” i.e. “provision of alcohol as ancillary to a meal”
  7. Amend terms, times and parts of the premises in respect of children and young person’s policy.

There is circulated Report No HLB-152-11 (26kb pdf) by the Clerk.

 

8.2  Ref: HC/INBS/454
Applicant
: Ali Raza Mohamed, 18 Wimberley Way, Inverness IV2 3XL per Lorna Murray, Solicitor, 45 Culduthel Road, Inverness.
Premises: Levels Ltd (formerly Shireen Tandoori), 26 28 Union Street, Inverness, IV1 1PX
Type: On Sales

 

Variation:

  1. Mon - Sat 12.00 hrs to 03.00 hrs (currently Mon-Sat 11.00hrs to 23.00hrs and Sun 12.00hrs to 23 hrs).  Terminal Hour to be extended to 03.00 hrs daily
  2. Capacity to be increased to 370 (previously 87)
  3. Until 20.00 hrs daily, part of the premises (as shown on the layout plan) will trade as a dedicated restaurant when alcohol will be sold only as an ancillary to table meals. The bar counter in this area will operate until 20.00 hrs daily as a dispense counter and all alcohol sales until 20.00 hrs daily will be by table service. From 20.00 hrs each evening sliding doors will open allowing the restaurant part to join with the nightclub part (as shown on the layout plan). The nightclub part will not open before 20.00 hrs. The whole premises will then change in character and will become a late night venue catering for the late night economy. From 20.00hrs daily the restrictions on alcohol sales (namely that sales will be by table service, the bar counter will be used only as a dispense counter, and alcohol will be sold only as an ancillary to a meal) will be disapplied.
  4. Bar meals, live performances, dance facilities and club meetings to be included. Cabaret shows, magicians, practice sessions, tuition, dance classes, charity events, exhibitions, product launches and similar to be added.
  5. Carry out facilities to be removed.
  6. Children and young person's policy to be amended as follows:
    Young persons will be allowed unrestricted entry to the premises, but must be accompanied by an adult from 21.00 hrs. Children will be allowed entry to the premises until 21.00 hrs provided they are accompanied by an adult and are present for the purpose of a meal or whilst attending a private party or function. At the discretion of the management children who are accompanied by an adult may be allowed entry to the premises after 21.00 hrs when they are attending a private function/party.
  7. 6(d) to be amended by adding at the end 'subject always to the restrictions outlined in 6(b).

There is circulated Report No HLB-153-12 (25kb pdf) by the Clerk. 

 

8.3  Ref: HC/INBS/135
Applicant
: WKW Partnership Limited, 32A Hamilton Street, Saltcoats, Ayrshire
KA21 5DS
Premises:  The Garth Hotel, Castle Road, Grantown on Spey PH26 3HN
Type:   On and Off Sales

 

Variation:

  1. Substitution of a Premises Manager
  2. To extend opening times on Sundays from 12.30 hrs to 12.00 midday to allow sale of alcohol to accompany Sunday lunches.
  3. To extend the opening times on 31st December to 02.00 hours annually
  4. To sell alcohol for consumption off the premises. 11.00 hrs to 22.00 hrs Mon to Sat and 12.30 hrs to 22.00 hrs on Sunday.

There is circulated Report No HLB-154-12 (20kb pdf) by the Clerk.

 

8.4  Ref: HC/RSL/1053
Applicant
: The Firm of Innseagan House Hotel
Premises: Innseagan House Hotel, Achintore Road, Fort William, PH33 6RW
Type:   On and Off Sales

 

Variation:

  1. removal of specific condition relating to alcohol being served as ancillary to a meal;
  2. removal of seasonal variation;
  3. revision to core terminal hour Monday to Saturday to 0100 hours (formerly 2300 hours);
  4. revision to core opening and terminal hours on Sunday to 1200 hours to 0000 hours (formerly 1230 to 1430 and 1830 to 2300);
  5. revision to Layout Plan to include outside seating area and permit the consumption of alcohol in this area; 
  6. provision of a bar counter to permit persons to purchase alcohol at a bar counter;
  7. in addition to on-sales, permit the sale of alcohol for consumption off the premises during the hours of 1100 to 2200 hours;  
  8. addition of activities to include conferences, bar meals, theatre, films, televised sports and outdoor drinking;
  9. addition of any other activities to include sale of homemade local crafts within premises;
  10. revision to children's policy to reflect provision of bar counter.

There is circulated Report No HLB-155-12 (26kb pdf) by the Clerk.

 

9. Review of Premises Licence
Ath-bhreithneachadh air Ceadachd Togalaich

 

9.1 Review Hearings:  Door Entry Conditions in Late Opening Premises Licences
Èisteachdan Ath-sgrùdaidh: Cumhaichean Fosgladh Dhorsan ann an Ceadan Thogalaichean a tha Fosgailte Anmoch
    

 

There is circulated Report No HLB-156-12 (17kb pdf) inviting the Board to hold review hearings in respect of the premises licences for the 13 premises listed below to consider varying those licences to remove the door entry condition on the ground that it is no longer considered necessary expedient for the purposes of any of the licensing objectives.

 

Premises: Johnny Foxes and The Den, Bank Street, Inverness
Licence Holder: Emerald Inns Ltd

 

Premises: Vinyl and Play, 9-21 Castle Street, Inverness
Licence Holder: CFG Leisure 6 Limited

 

Premises: Hush, 55 Academy Street, Inverness
Licence Holder: Hugh Nightlife Ltd

 

Premises: Miami, Baron Taylor Close, 39 High Street, Inverness
Licence Holder: Corrdon Limited/Eileen MacIver

 

Premises: Karma Lounge (formerly Nova), 5-9 Young Street, Inverness
Licence Holder: Caledonian Heritable Limited

 

Premises: Cake, Rose Street, Inverness
Licence Holder: Inverness Properties Limited

 

Premises: Hootananny/Sofa Bar, Church Street, Inverness
Licence Holder: Earnpark Limited

 

Premises: Ironworks Inverness, 122B Academy Street, Inverness
Licence Holder: La Scala Entertainment Ltd

 

Premises: Winking Owl, 123 Grampian Road, Aviemore
Licence Holder: Paul Haywood

 

Premises: Vault, Basement, 96 Grampian Road, Aviemore
Licence Holder: JKS Entertainment Limited#

 

Premises: Skinandi’s Nightclub, Sir George’s Street, Thurso
Licence Holder: Skinandi’s Nightclub

 

Premises: The Newmarket Bar, Traill Street, Thurso
Licence Holder: The Newmarket Bar

 

Premises: The Picture House, High Street, Dingwall
Licence Holder: Joseph Alexander Sweeney

 

9.2  Premises Licence Holder:  Corrdon Limited, 126 West Regent Street, Glasgow, G2 2BH
Premises:  Miami Nightclub, Baron Taylor’s Close, 39 High Street, Inverness, IV1 1HT

 

There is circulated Report No HLB-157-12 (17kb pdf) by the Clerk.

 

9.3  Tesco Stores Ltd, Shore Road, Tain
Tesco Stores Ltd, Millbank Road, Thurso
Tesco Stores Ltd, Wick Airport, Wick

 

There is circulated Notice of Conviction Item 9.3 (37kb pdf) dated 9 November 2012 from the Northern Constabulary.

 

10. Application for Personal Licence
Iarrtas airson Ceadachd Phearsanta

 

10.1  Applicant: Eric Fraser

 

There is circulated Report No HLB-158-12 (16kb pdf) by the Clerk.

 

11. Surrender of Premises Licence
Gèilleadh Ceadachd Togalaich

 

11.1  Premises: The Broom Bar, North Road, Ullapool, IV26 2XL
Licence Holder: Kathleen Mary Ross

 

The above Premises Licence has been surrendered in terms of Section 28(f).

 

There is circulated Report No HLB-159-12 (14kb pdf) by the Clerk.

 

11.2 Premises: Fraser Balgowan Limited, Unit 1A3, Newtonmore Industrial Estate, Newtonmore
Licence Holder: Fraser Balgowan Limited, Greenwood, Balgowan, Laggan, Newtonmore

 

The above Premises Licence has been surrendered in terms of Section 28(f).

 

There is circulated Report No HLB-160-12 (14kb pdf) by the Clerk.