Agendas, reports and minutes

A meeting of the Highland Licensing Board will take place in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Tuesday, 13 May 2014 at 12.30 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.

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

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 1 April 2014.

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-054-14 (22kb pdf) detailing Licences which have been granted under delegated powers by the Clerk to the Board during the period 19 March 2014 to 29 April 2014 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-055-14 (34kb pdf) detailing Occasional Licences and Extended Hours Applications which have been granted under delegated powers by the Clerk to the Board during the period 19 March 2014 to 29 April 2014 and inviting the Board to note the Report.

6. Licensing (Scotland) Act 2005
Applications for New Premises Licences
Achd na Ceadachd (Alba) 2005
Larrtas airson Cheadachdan Thogalaichean Ura

6.1  Ref: HC/RSL/1701
Applicant: Sutherland Inn Hotel Limited per MacPhee and Partners, Airds House, An Aird, Fort William
Premises: Detached Garage/Store, Kinchellie Croft, Roy Bridge, PH31 4AW
Type: Off-Sales

There is circulated Report No HLB-056-14 (21kb pdf) by the Clerk.

6.2  Ref: HC/CSER/1700
Applicant: Dr Christopher Duckham
Premises: Cote Du Nord, c/o The Schoolhouse, Kirtomy, Bettyhill
Type: On-Sales

There is circulated Report No HLB-057-14 (18kb pdf) by the Clerk.

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

7.1  Ref: HC/INBS/562
Applicant: Mr Richard Sharp, 14 Couthally Terrace, Carnwath ML11 8HY.
Premises:  Harleys Cocktail and Grill Bar, 19 Leopold Street, Nairn IV12 4BE
Type:   On Sales

There is circulated Report No HLB-058-14 (77kb pdf) by the Clerk.

7.2  Ref: HC/RSL/1699
Applicant: Amanda Jane Lastdrager, The Old Schoolhouse, Lower Diabaig, by Achnasneen, Wester Ross, IV22 2HE
Premises:  Gille Brighde Café and Restaurant, The Old Schoolhouse, Lower Diabaig, by Achnasheen, Wester Ross, IV22 2HE
Type:   On and Off Sales

There is circulated Report No HLB-059-14 (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/INBS/165
Applicant: Glen Mhor Limited, 21 St Thomas Street, Bristol, BS1 6JS per Emmanuel Moine.
Premises:  Glen Mhor Hotel, 8-17 Ness Bank, Inverness IV2 4SG
Type:   On Sales

Variation:
1.    Variation to on sales hours: Monday to Sunday 11.00 hrs to 01.00 hrs.
2.    Addition of extra properties into the licence: Nos. 16 and 17 Ness Bank, to provide extra bedrooms.
3.    Amendment to increase capacity to reflect extra bedroom areas.
4.    Amendment to Children’s Policy.
5.    Amendment to Premises Description and Layout Plan to reflect new properties and bedroom areas.
There is circulated Report No HLB-060-14 (19kb pdf) by the Clerk.

8.2  Ref: HC/INBS/145
Applicant: Tesco Stores Limited, Tesco House, Delamare Road, Cheshunt, Hertfordshire, EN8 9Sl, per Hill Brown Licensing, 3 Newton Place, Glasgow G3 7PU.
Premises:  Tesco Extra, 1A Eastfield Way, Inverness Business and Retail Park, Inverness IV2 7GD
Type:   On Sales

Variation:
1.    Removal of restaurant (café) facility from the operating plan and amendment to activities at 5(a) to read ‘no’ in columns 2, 3 and 4.
2.    Removal of restaurant details from details box 5(e);
3.    Removal of restaurant (café) from the footprint of the store on the layout plan;
4.    Change to layout plan of checkout area.
There is circulated Report No HLB-061-14 (18kb pdf) by the Clerk.

8.3  Ref: HC/RSL/0435
Applicant: Co-operative Group Food Ltd
Premises:  Co-operative Group Food Ltd, Station Road, Mallaig, PH41 4PY
Type:   Off-Sale

Variation:
1.    Relocation of alcohol display area resulting in increase to capacity from 24.237 sqm to 25.675 sqm;
2.    Relocation of shop entrance;
3.    Change of Premises Manager.
There is circulated Report No HLB-062-14 (22kb pdf) by the Clerk.

8.4  Ref: HC/RSL/0304
Applicant: R and L Comfort, Station Hotel, Bridge Street, Avoch, IV9 8PP
Premises:  Station Hotel, Bridge Street, Avoch, IV9 8PP
Type:   On and Off Sales

Variation:
1.    Variation to description of premises.
2.    Variation to on-sales Sundays to commence at 1100 hrs and on Saturday and Sunday to terminate at 0100 hrs the following day.
3.    Variation to off-sales hours Monday to Sunday to commence at 1000 hrs.
4.    Variation to any other activities to include a Delicatessen shop and takeaway meal service.
5.    Variation to wording of Children’s Policy.
6.    Variation to include a 13.90 m² off-sales capacity within the Delicatessen shop.   There will be no Bar off-sales on display.
7.    Variation to layout plan to include a Delicatessen shop, takeaway meal service by altering the Bar area.
There is circulated Report No HLB-063-14 (21kb pdf) by the Clerk.

8.5  Ref: HC/RSL/0101
Applicant: Partnership of John Grant and Joanna Munro
Premises:  The Frigate, Shore Street, Ullapool, IV26 2UJ
Type:   On and Off Sales

Variation:
1.    Variation to on-sales hours to commence at 0900 hrs Monday to Saturday (currently commencing at 1100 hrs).
2.    Include off-sales commencing 1000 hrs to 2200 hrs Monday to Saturday and 1200 hrs to 2200 hrs on Sunday.
3.    Include Seasonal Variation.
4.    Variation to other activities to include bar meals and gaming during and outwith core hours.
There is circulated Report No HLB-064-14 (132kb pdf) by the Clerk.

8.6  Ref: HC/RSL/1304
Applicant: William M Park
Premises:  Castle Moil Restaurant, Kyleakin, Isle of Skye, IV41 8PL
Type:   On and Off Sales

Variation:
1.    Increase the commencement On Sales Hours on Monday to Sunday to 1100 hrs (currently 1200 hrs Monday to Saturday and 1230 hrs on Sunday).
2.    Increase the terminal On Sale Hour on Sunday to 0100 hrs (currently 2330 hrs).
3.    Update description of premises.
4.    Remove Seasonal Variation.
5.    Additional Activities – conferences, theatres, films, indoor/outdoor sports, televised sports;
6.    Activities outwith core hours – conference facilities, restaurant facilities, bar meals, receptions, club or other group meetings, music, indoor/outdoor sports, televised sport, outdoor drinking facilities.
7.    Amend Children’s Policy.
8.    Increase On Sales capacity from 140 to 260.
9.    Decrease Off Sales capacity from 6 m2 to 4 m2.
10.    Layout plan – (i) extend outdoor drinking area to include grassed area to west side of building within sea-wall;  (ii) remove store adjacent to staff wc to include within kitchen area;  alter door location/entrance to staff wc;  (iii) alter door location/entrance to store adjacent to shop.
11.    Amend Premises Manager’s address.
There is circulated Report No HLB-065-14 (24kb pdf) by the Clerk.

8.7  Ref: HC/CSER/0287
Applicant: Stephen Collie
Premises:  Drumbeg Stores, Drumbeg, Sutherland, IV27 4NW
Type:   Off Sales

Variation:
1.    Increase Off Sales Hours: Monday to Sunday 1000 hrs to 2200 hrs
2.    Minor alteration to internal layout with a consequential increase in capacity from 1.48 m² to 7.35 m².
There is circulated Report No HLB-066-14 (37kb pdf) by the Clerk.

8.8  Ref: HC/CSER/0837
Applicant: LDH Hotels Limited, per Brodies LLP, 15 Atholl Crescent, Edinburgh
Premises:  Tongue Hotel, Tongue, IV27 4XD
Type:   On and Off Sales

Variation:
1.    Variation to on sales hours: Monday to Sunday 1100 hrs to 0100 hrs
2.    Variation to off sales hours: Monday to Sunday 1100 hrs to 2200 hrs
3.    Addition of seasonal variations to take advantage of any extended hours authorised by the Board during the festive period
4.    Amendments to 5 and 5(f) on operating plan to remove “prior to 1100 hrs Monday to Saturday and 1230 hrs on Sunday” and replace with prior to 1100 hrs Monday to Sunday and replace reference to “bar/pool room” with “downstairs lounge bar and restaurant”
5.    Amendment to 6(d) on operating plan to remove “prior to 1100 hrs Monday to Saturday and 1230 hrs on Sunday and replace with “prior to 1100 hrs Monday to Sunday”
6.    Amendment to 6(e) to remove “the owners children and/or young persons may be permitted access to the bar/pool room area on necessary occasions” as this area to be known as the “downstairs lounge bar and restaurant”, is an area to which children and young persons will have access
7.    Amend description of Premises
There is circulated Report No HLB-067-14 (24kb pdf) by the Clerk.

9. The Gambling Act 2005
Achd na Cearrachd 2005

9.1 Variation Application: Licensed Premises Gaming Machine Permit

Premises:  Ben Nevis Bar, 103 High Street, Fort William, PH33 6DG
Applicant: Orchid Pubs and Dining Ltd per Gamestec Leisure Ltd, Unit B12 Wira House, Ring Road, Leeds LS16 6ER

There is circulated Report No HLB-068-14 (14kb pdf) by the Clerk.