Agendas, reports and minutes

Highland Licensing Board

Date: Tuesday, 1 April 2014

Agenda: Read the agenda

A meeting of the Highland Licensing Board will take place in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Tuesday, 1 April 2014 at 12.30 pm (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. Consider Appointment of Vice Convener
Cur Iar-Neach-Gairm an Dreuchd
2. Apologies for Absence
Leisgeulan
3. 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.

4. 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 4 February 2014; and

ii. Minute of the meeting of the Highland Licensing Board held on 5 March 2014.

5. Joint Meeting with the Highland Licensing Forum 

Co-choinneamh le Fòram Ceadachd na Gàidhealtachd

The Board is asked to agree that the annual joint meeting with the Highland Licensing Forum take place on 12 August 2014 at 2.00 pm or following the rising of the Board if later.

6.  Licensing (Scotland) Act 2005

Guidelines for the grant of Extended Hours during Major Events in Lochaber

Achd Ceadachd (Alba) 2005 

Stiùiridhean a thaobh buileachadh Uairean Leudaichte re Tachartasan Mòra ann an Loch Abar

There is circulated Report No HLB-033-14 (16kb pdf) which invites the Board to consider whether to promote guidelines in relation to extended licensing hours for the 2014 Scottish Six Day Trials and the UCI Mountain Bike World Cup Event.

7. 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-034-14 (24kb pdf) detailing Licences which have been granted under delegated powers by the Clerk to the Board during the period 21 January 2014 to 18 March 2014 and inviting the Board to note the Report.

8. 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-035-14 (40kb pdf) detailing Occasional Licences and Extended Hours Applications which have been granted under delegated powers by the Clerk to the Board during the period 21 January 2014 to 18 March 2014 and inviting the Board to note the Report. 

9. Licensing (Scotland) Act 2005

Applications for New Premises Licences

Achd na Ceadachd (Alba) 2005

Larrtas airson Cheadachdan Thogalaichean Ura

9.1  Ref:

Applicant: SYHA (Trading) Ltd., per Lindsays, Solicitors, 1 Royal Bank Place, Buchanan Street, Glasgow, G1 3AA 

Premises: Ullapool Youth Hostel, Shore Street, Ullapool, IV26 2UJ

Type: On and Off Sales

There is circulated Report No HLB-036-14 (513kb pdf) by the Clerk.

9.2  Ref: 

Applicant: : SYHA (Trading) Ltd., per Lindsays, Solicitors, 1 Royal Bank Place, Buchanan Street, Glasgow, G1 3AA 

Premises: Torridon Youth Hostel, Fassaig, Achnasheen, IV22 2EZ

Type: On and Off Sales

 There is circulated Report No HLB-037-14 (144kb pdf) by the Clerk.

9.3  Ref: HC/RSL/1693

Applicant: Western Isles Cruises Ltd

Premises:  Western Isles (The), Mallaig Harbour, Mallaig, PH414QB

Type: On- Sales

There is circulated Report No HLB-038-14 (21kb pdf) by the Clerk.

9.4  Ref: HC/RSL/1693

Applicant: Café Canna Limited

Premises:  Café Canna, The West Bothy, Isle of Canna, PH44 4RS

Type: On and Off Sales

There is circulated Report No HLB-039-14 (22kb pdf) by the Clerk.

10. Licensing (Scotland) Act 2005

Applications for Provisional Premises Licences

Achd Ceadachd (Alba) 2005

Iarrtas airson Ceadachdan Thogalaichean le Cumha

10.1  Ref: HC/RSL/1695

Applicant: Partnership of Tom Jackson and Laura Hebbert 

Premises:  The Jetty Shop, Salen, Acharacle, PH36 4JN

Type:   Off-Sale

There is circulated Report No HLB-040-14 (21kb pdf) by the Clerk. 



10.2 Ref: HC/CSER/1697

Applicant: Kirkaig Foods Ltd

Premises: Peet’s Restaurant, Culag Square, Lochinver

Type: On Sales

There is circulated Report No HLB-041-14 (90kb pdf) by the Clerk.

11. Licensing (Scotland) Act 2005

Applications for variation (major) to Premises Licences

Achd Ceadachd (Alba) 2005

Iarrtasan airson Caochladh (Mòr) a thaobh Ceadachdan Thogalaichean

11.1  Ref: HC/INBS/454 

Applicant: Mr Ali Raza Mohamed, 18 Wimberley Way, Inverness, IV2 3XL, per Lorna Murray, Solicitor, 45 Culduthel Road, Inverness IV2 4HQ. 

Premises:  Levels Ltd, 26-28 Union Street, Inverness IV1 1PX

Type:   On Sales 

Variation:

Operating Plan:

1. Amend core times for on sales to Monday to Sunday 11.00 hrs to 01.00 hrs. 

2. Remove from the list of activities:

‘Bar meals; club or other group meetings; dance facilities’. 

3. Remove from the list of activities to be provided outwith core licensed hours, the following:

‘restaurant facilities; receptions; music; live performance.’ 

4. Remove all activities listed in 5(f). 

5. 5(g) to be replaced with ‘Carryout meal facilities will be available for consumption off the premises’. 

6. Amend Children and Young Person’s policy at 6(b) as follows:

‘Young persons will be allowed unrestricted entry to the premises. Children will be allowed unrestricted entry to the premises. Children will be allowed access at all times provided they are accompanied by an adult except that at the discretion of the management, children over the age of 13 will be allowed entry to the premises unaccompanied by an adult until 21.30 hrs daily. 

7. Amend capacity to 87.


Premises Licence

8. Updated description:

‘First floor restaurant accommodated within a commercial building in a central location in the City of Inverness.

There is circulated Report No HLB-042-14 (20kb pdf) by the Clerk.

11.2  Ref: HC/INBS/147 

Applicant: CFG Leisure 6 Limited, 3rd Floor, 35 Davies Street, Mayfair, London W1K 4LS , per Ian Jobes

Premises: G’s and Vinyl, 9-21 Castle Street, Inverness IV2 3DX.

Type:  On Sales 

Variation:

1. Variation to Operating Plan: Vary the core hours to allow trading from 19.00 hrs to 03.00 hrs Mondays and Tuesdays. 

2. Variation to Local Condition: Remove the following, 'after 09.00 pm alcoholic drinks shall be sold or served in plastic or polycarbonate glasses'

There is circulated Report No HLB-043-14 (18kb pdf) by the Clerk.

11.3  Ref: HC/INBS/184 

Applicant: Punch Partnership Ltd, Jubilee House, Second Avenue, Burton on Trent, DE14 2WF, per TLT Scotland Ltd, 140 West George Street, Glasgow, G2 2HG. 

Premises:  Gunsmiths, 30 Union Street, Inverness IV1 1PX

Type:   On and Off Sales 

Variation:

1. Amendment to core On Sales Hours: 11.00 hrs to 01.00 hrs, seven days a week. 

2. Amendment to core Off Sales Hours: 11.00 hrs to 22.00 hrs, seven days a week

There is circulated Report No HLB-044-14 (17kb pdf) by the Clerk.

11.4  Ref: HC/RSL/1044 

Applicant: Ross County Football Club, Global Energy Stadium, Victoria Park, Dingwall, IV15 9QZ

Premises:  Ross County Football Club, Global Energy Stadium, Victoria Park, Dingwall, IV15 IQZ

Type:   On Sales

Variation:

1. Variation to increase on-sales opening hours on Saturday and Sunday to 1100 hrs. 

2. Variation to operating and layout plan to increase capacity from 320 to 370 

3. Variation to wording of seasonal variation children’s policy and activities provided outwith core hours. 

4. Variation to activities in operating plan to include bar meals, music, live performances and televised sport

There is circulated Report No HLB-045-14 (40kb pdf) by the Clerk.

11.5  Ref: HC/RSL/1174

Applicant: R and P Timspon T/A Crofters Bistro Ltd per Duncan Macleman, Architect, 33 Mackenzie Place, Avoch, IV9 8QW 

Premises:  Crofters Bistro, 11 Marine Terrace, Rosemarkie, IV10 8UL

Type:   On-sales

Variation:

1. Variation to operating and layout plan to include off-sales 

2. Off-sales capacity 1.76 m² 

3. Off-sales hours 1100 hrs to 2200 hrs Monday to Sunday 

4. Variation to on-sales hours on Sunday to commence 1100 hrs 

There is circulated Report No HLB-046-14 (18kb pdf) by the Clerk.

11.6  Ref: HC/RSL/1312

Applicant: Thomas Pearson, Dorothy L Pearson and Alan R Pearson

Premises:  Plockton Hotel, 41 Harbour Street, Plockton, IV52 8TN

Type:   On Sales and Off Sales

Variation:

1. Increase the commencement hour for On Sales hours on Sunday to 1100 hrs (currently 1230 hrs); 

2. Increase the commencement hour for Off Sales hours on Sunday to 1100 hrs (currently 1230 hrs); 

3. Increase terminal hour on Saturday to 0100 hours (currently 0030 hours); 

4. Increase terminal hour on Sunday to 0100 hours (currently 2300 hours); 

5. Add gaming as an activity within core hours; 

6. Add indoor/outdoor sports outwith core hours; 

7. Other Activities – on occasions a marquee will be erected in the outdoor

drinking area for special occasions.

There is circulated Report No HLB-047-14 (22kb pdf) by the Clerk.

11.7  Ref: HC/RSL/1265

Applicant: Clan Donald Lands Trust

Premises:  The Stables Restaurant and Café Bar, Armadale, Sleat, Isle of Skye, IV45 8RS

Type:   On Sales and Off Sales

Variation:

1. Increase the commencement hour for On Sales hours on Sunday to 1100 hrs (currently 1230 hrs); 

2. Increase the commencement hour for Off Sales hours on Sunday to 1000 hrs (currently 1230 hrs); 

3. Increase capacity of premises from 150 to 170 persons; 

4. Amend layout plan to include additional outdoor drinking area at front of premises.

There is circulated Report No HLB-048-14 (22kb pdf) by the Clerk.

11.8  Ref: HC/CSER/1168

Applicant: Morven Holdings Limited per Lorna Murray, 45 Culduthel Road, Inverness

Premises:  The Newmarket Bar, Traill Street, Thurso, KW14 8EG

Type:   On and Off-Sales

Variation:

1. Variation to on sales hours: Sunday 1100 hrs to 0100 hrs 

2. Change name of premises to Mr C’s Bar 

3. Amend any other activities to include web-based sales of alcohol delivered locally or by the delivery company elsewhere; and provision of snacks and light lunches.

There is circulated Report No HLB-049-14 (20kb pdf) by the Clerk.

11.9  Ref: HC/CSER/1475

Applicant: Ormlie Lodge Club

Premises:  Ormlie Lodge Club, The Cottage, Brownhill Road, Thurso, KW14 7NL

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. Amendment to children and young persons’ ages of entry 

4. Addition of  seasonal variation to take advantage of any extended hours offered by the Board over the festive period 

5. Amendment of activities and services to permit club meetings, music, indoor/outdoor sports and televised sport outwith core hours for members guests, outside organisations and voluntary groups. 

6. Addition of charity and fundraising events and use of premises by outside organisations and voluntary groups to list of other activities during and outwith core hours.

There is circulated Report No HLB-050-14 (19kb pdf) by the Clerk.

11.10  Ref: HC/CSER/0358

Applicant: Vicky Taylor

Premises:  Portmahomack Post Office and Stores, Main Street, Portmahomack, IV20 1YB

Type:   Off-Sales

Variation:

1. Increase alcohol display capacity from 6.08 m2 to 8.10 m2

There is circulated Report No HLB-051-14 (22kb pdf) by the Clerk.

11.11  Ref: HC/CSER/1633

Applicant: Yvonne Fitzgerald per Lorna Murray, 45 Culduthel Road, Inverness

Premises:  Retro, Bridge Street, Wick, KW1 4NG

Type:   On and Off-Sales

Variation:

1. Variation to On Sales Hours: Sunday 1100 hrs to 0100 hrs 

2. Variation to Off Sales Hours: Sunday 1100 hrs to 2200 hrs 

3. Addition to list of activities of live performances (no amplified music - solo performers only) and receptions etc (within core licensed hours). 

4. Amendment of children and young person’s policy to allow them to be present in the premises until 1800 hrs daily provided they are accompanied by an adult.

There is circulated Report No HLB-052-14 (20kb pdf) by the Clerk.

12. Licensing (Scotland) Act 2005 Section 38 -

Applications for Review Hearing of Premises Licence

Achd Cheadachd (Alba) 2005, Earrann 38 - 

Iarrtasan airson Èisteachd Ath-bhreithneachail air Ceadachd Togalaich

12.1 Premises: Altnacealgach Inn, by Lairg

Licence Holder: Robert W Sherman and Fiona L Sherman

The Board is invited to defer consideration of the review in respect of the Altnacealgach Inn until the Board meeting on 13 May 2014.

12.2  Premises: The Waterfront Nightclub and Restaurant, 4 The Shore, Wick

Licence Holder:  Robert J Sutherland

The Board is invited to defer consideration of the review in respect of The Waterfront Nightclub and Restaurant until the Board meeting on 13 May 2014.  

13. Surrender of Premises Licence

Gèilleadh Ceadachd Togalaich

13.1  Premises: Co-operative Group Limited, Loanfern, Ballachulish

Licence Holder :  Co-operative Group Food Limited

13.2 Premises: Route 66, 10 Strothers Lane, Inverness IV1 1LR, per Route 66 Group.

Licence Holder: Route 66 Group.

13.3 Premises: Co-operative Group Food Limited, 7 High Street, Beauly.

Licence Holder:  Co Operative Group Food Limited.

The above Premises Licences have been surrendered in terms of Section 28(5)(f).

14. The Gambling Act 2005

Achd na Cearrachd 2005

14.1 Application for a Gaming Machine Permit for 4 Category C Machines#

Premises:  The Fluke, Culcabock Road, Inverness IV2 3XQ

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-053-14 by the Clerk.

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