17 June 2014: Highland Licensing Board

A meeting of the Highland Licensing Board will take place in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Wednesday, 17 June 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 13 May 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/069/14 detailing Licences which have been granted under delegated powers by the Clerk to the Board during the period 30 April 2014 to 3 June 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/070/14 detailing Occasional Licences and Extended Hours Applications which have been granted under delegated powers by the Clerk to the Board during the period 30 April 2014 to 3 June 2014 and inviting the Board to note the Report.

6.     Guidance Notes on Hearings before the Highland Licensing Board
Nòta Stiùiridh mu Èisteachdan ro Bhòrd Cheadachd na Gàidhealtachd

There is circulated Report No HLB/071/14 which invites the Board to note and approve for publication the Guidance Notes on Hearings and the Information Notices on Determination, Statements of Reasons and Rights of Appeal. 

7.     Licensing (Scotland) Act 2005
Guidelines for the grant of Extended Hours during Major Events in Ullapool
Achd Ceadachd (Alba) 2005
Stiùiridhean airson Uairean Leudaichte a bhuileachadh rè Tachartasan Mòra ann an Ullapul

There is circulated Report No HLB/072/14 which invites the Board to consider whether to promote guidelines in relation to extended licensing hours for the 2014 Loopallu music festival fringe events.

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

8.1  Ref: HC/RSL/1704
Applicant: The Steading Bistro Ltd., Achtercairn, Gairloch, IV21 2BP
Premises: The Steading Bisto, Achtercairn, Gairloch, IV21 2BP
Type: On-sales

There is circulated Report No HLB/073/14 (pp 51 - 53) by the Clerk.

8.2  Ref: HC/RSL/1702
Applicant: : SYHA (Trading) Ltd per Lindsays, 1 Royal Bank Place, Glasgow, G1 3AA
Premises: Broadford Youth Hostel, Broadford, Isle of Skye, IV49 9AA
Type: On Sales and Off Sales

There is circulated Report No HLB/074/14 by the Clerk.

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

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

This item was deferred from the meeting held on 13 May 2014.

There is circulated Report No HLB/075/14 by the Clerk.

9.2  Ref: HC/INBS/ 563
Applicant: Tyree Investments Limited, 33 Dunfermline Business Centre, Izatt Avenue, Dunfermline, KY11 3BZ  per Lorna Murray, 45 Culduthel Road, Inverness
Premises:  No. 7 The Square, 5-7 The Square, Grantown on Spey PH26 3HG
Type: On sales

There is circulated Report No HLB/076/14 by the Clerk.

9.3  Ref: HC/CSER/1705
Applicant: Dunnet Bay Distillers Ltd
Premises:  Dunnet Bay Distillers Ltd, Dunnet, Thurso, KW14 8XD
Type: On and Off sales

There is circulated Report No HLB/077/14 by the Clerk.

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

10.1  Ref: HC/INBS/308
Applicant: Caterleisure Services Limited, 197-199 Main Street, Wilsden, Bradford, Yorkshire BD15 0HR per Lindsays Edin. Caledonian Exchange 19a Canning Street, Edinburgh, EH3 8HE  
Premises:  Berties Bar, Inverness Railway Station, Academy Street, Inverness IV1 1LE.
Type: On and Off Sales

Variation:

Variation to Operating Plan:

1. At Q2 - Change opening time for on-sales on a Sunday to 11.00 hrs.
2. At Q3 -Change opening time for off-sales on a Sunday to 11.00 hrs.
3. At 6(a) - Change NO to YES
4. At 6(b) insert "Children will be permitted entry when accompanied by a responsible adult
5. Young Persons will be permitted unrestricted entry until 21.00 hrs
6. Young Persons will be permitted entry after 21.00 hrs when accompanied by an adult".
7. At 6(c) insert "Children and Young Persons 0-17 years. In respect of those children aged 0-5 years whilst there are no bespoke baby changing facilities on the premises, tokens are given for public toilets/baby-changing at the nearby public facilities.
8. Signage advertising this provision is displayed in areas readily viewable by customers using the premises".
9. At 6(d) insert "They will be permitted entry at any time during the opening hours of the premises"
10. At 6(e) insert "They will be permitted entry to all public parts of the premises".
    

Layout Plan:

1. Marked up to show that Children and Young Persons are permitted in all public parts of the premises
   

There is circulated Report No HLB/078/14 by the Clerk.

10.2  Ref: HC/INBS/383
Applicant: Greene King Brewing and Retailing Ltd, c/o Belhaven Pubs, Atrium House, 6 Back Walk, Stirling FK8 2QA.
Premises:  The Exchange, 38-40 Academy Street, Inverness IV1 1JT
Type: On and Off Sales

Variation:

1. Amend Recorded Music so that it is available outwith core hours to accompany other permitted activities, but no earlier than 07.00 hrs.
2. Amend Children and Young Persons Times during which they are allowed entry so that it now reads: "Children and Young Persons will be admitted until 22.00 hrs or until end of meal".  We have seen an increase in the number of tourists visiting our premises and the current permitted times are restricting the access for Children and Young Persons, so this change would allow flexibility.    
   

There is circulated Report No HLB/079/14 by the Clerk.

10.3  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/080/14 by the Clerk.
This application was deferred from the Board Meeting held on 13 May 2014

10.4  Ref: HC/CSER/0857
Applicant: Diageo Scotland Ltd, 5 Lochside Way, Edinburgh Park, Edinburgh
Premises:  Clynelish Distillery, Brora, KW9 6LR
Type: On and off Sales

Variation:

1. Remove reference to Visitor Centre/Shop from the description of premises and capacity of premises and cease use of the Visitor Centre/Shop and remove capacity pf 9m²
2. Change name of Staff Shop to Temporary Visitor Centre and Shop.
3. Increase licensed hours for Off Sales to commence at 1000 hrs on a Sunday.
4. Increase licensed hours for Off Sales to commence at 1000 hrs on a Sunday.
5. Increase licensed hours for Off Sales to commence at 1000 hrs on a Sunday
6. Add On Sales as an activity or service between 1100 hrs to 1800 hrs each day
7. Amend Children and Young Persons terms of entry to permit them to be present
   Vary the layout plan to remove the Visitor Centre/Shop from the licensed area
8. Vary Description of Premises to Temporary Visitor Centre/Shop within a former Staff Shop in the grounds of a working distillery which is open for guided tours and tastings
   

There is circulated Report No HLB/081/14 by the Clerk.

10.5  Ref: HC/CSER/0274
Applicant: The Firm of Commercial Bar
Premises:  Commercial Bar, 1 Princes Street, Thurso, KW14 7BQ
Type: On and Off Sales

Variation:

1. Increase on sales hours to terminate at 0100 hrs the following days on Mondays to Thursdays and Sundays
2. Increase on sales hours to commence at 1100 hrs on Sundays
3. Increase off sales hours to commence at 1100 hrs on Sundays
4. Add seasonal variation to take advantage of any extended hours offered by the Board over the festive period
   

There is circulated Report No HLB/082/14 by the Clerk.

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

11.1  Ref: HC/RSL/1695
Applicant: John H Fraser
Premises: The Bridge Café (former Little Chef Building), Spean Bridge, PH34 4EP
Type: On-Sale

There is circulated Report No HLB/083/14 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: 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 12 August 2014. 

13.    Surrender of Premises Licence
Gèilleadh Ceadachd Togalaich

13.1  Premises: Carters Rest Guesthouse & Self Catering, 8/9 Upper Milovaig, Glendale, Isle of Skye, IV55 8WY
Licence Holder:  Stephen Carter

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

Minute of the meeting of the Highland Licensing Board held in the Council Chamber, Headquarters, Glenurquhart Road, Inverness, on Tuesday 17 June 2014 at 1.35pm.

Business

Present:

Dr I Cockburn
Mr C Fraser
Mr R Greene
Mr A Henderson
Mrs L Macdonald
Mrs G Sinclair
Ms M Smith
Mr J Stone

In Attendance:

Mr A Mackenzie, Clerk
Ms S Blease, Depute Clerk
Mr I Cox, Licensing Standards Officer
Mr D Inglis, Licensing Standards Officer
Mrs L Treasurer, Licensing Standards Officer
Ms A Macrae, Committee Administrator

Also in Attendance:

Item 9.1:   Mr R Sharp, Applicant
Item 9.2:   Mrs L Murray, Solicitor for the Applicant
Item 9.3:   Ms C Murray, for the Applicant
Item 10.1: Mrs L Murray, Solicitor for the Applicant
Item 10.2: Mr S Maclean, for the Applicant
Item 10.3: Mr A Gray, for the Applicant and Mrs L Murray, Solicitor for the Applicant
Item 10.4: Ms C Fraser, for the Applicant
Item 10.5: Mr S Shearer, for the Applicant

Ms M Smith in the Chair

Briefing on Protocol for Webcasting of Meetings.

The Convener advised the Board that the meeting would be filmed and broadcast over the internet on the Highland Council website and would be archived and available for viewing for 12 months.

1.  Apologies for Absence
Leisgeulan

An apology for absence was intimated on behalf of Mr W Mackay.

2.  Declarations of Interest
Foillseachaidhean Com-pàirt

There were no declarations of interest.

3.  Confirmation of Minutes
Dearbhadh a’ Gheàrr-chunntais

There had been circulated for confirmation the minute of the meeting of the Board held on 13 May 2014.

The minute was held as read and APPROVED.

4.  Licensing (Scotland) Act 2005
Licences Granted Under Delegated Powers
Achd Ceadachd (Alba) 2005       
Ceadachdan a bhuilicheadh fo Ùghdarras air a Thiomnadh

There had been circulated Report No HLB/069/14 by the Clerk detailing the licences which had been granted under delegated powers during the period 30 April 2014 to 3 June 2014 and inviting the Board to note the Report.

The Board NOTED 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 had been circulated Report No HLB/070/14 by the Clerk detailing the Occasional Licences and Extended Hours Applications which had been granted under delegated powers during the period 30 April 2014 to 3 June 2014 and inviting the Board to note the Report.

The Board NOTED the report.

6.  Guidance Notes on Hearings before the Highland Licensing Board
Nòta Stiùiridh mu Èisteachdan ro Bhòrd Cheadachd na Gàidhealtachd

There had been circulated Report No HLB/071/14 by the Clerk which invited the Board to note and approve for publication the Guidance Note on Hearings and (1) the Information Notes on Notices of Determination & Statements of Reasons, (2) Rights of Appeal and (3) Notices of Decision and Rights of Appeal in terms of the Gambling Act 2005, all of which were appended to the Report.

The Board NOTED and APPROVED for publication the Guidance Note on Hearings and the three Information Notes attached.

7.  Licensing (Scotland) Act 2005
Guidelines for the Grant of Extended Hours during Major Events in Ullapool
Achd Ceadachd (Alba) 2005
Stiùiridhean airson Uairean Leudaichte a bhuileachadh rè Tachartasan Mòra ann an Ullapul

There had been circulated Report No HLB/072/14 by the Clerk which invited the Board to consider whether to promote guidelines in relation to extended licensing hours for the 2014 Loopallu music festival and fringe events.

The Board APPROVED:

i. The following guidelines for applications for extended hours under section 68:

Friday 11 July and Saturday 12 July: until 0200 the following day;
Friday 26 September and Saturday 27 September: until 0200 the following day; and

ii. the mandatory and special conditions detailed in paragraph 3 of the Report to apply

8.  Licensing (Scotland) Act 2005
Application for New Premises Licences
Achd Ceadachd (Alba) 2005
Larrtas airson Cheadachdan Thogalaichean Ura

8.1 Ref: HC/RSL/1704
Applicant: The Steading Bistro Ltd, Achtercairn, Gairloch
Premises: The Steading Bistro, Achtercairn, Gairloch
Type: On Sales.

There had been circulated Report No HLB/073/14 by the Clerk which invited the Board to determine the application.

The Board AGREED to grant the application subject to the mandatory conditions.

8.2 Ref: HC/ RSL/1704
Applicant: SYHA (Trading) Ltd, per Lindsay’s Solicitors, 1 Royal Bank Place, Buchanan Street, Glasgow
Premises: Broadford Youth Hostel, Broadford, Isle of Skye
Type: On and Off Sales

There had been circulated Report No HLB/074/14 by the Clerk which invited the Board to determine the application.

The Board AGREED to grant the application subject to the mandatory, local and special conditions detailed at paragraph 6 of the Report.

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

9.1 Ref: HC/INBS/562
Applicant: Mr Richard Sharp, 14 Couthally Terrace, Carnwarth
Premises: Harley’s Cocktail and Grill Bar, 19 Leopold Street, Nairn
Type: On Sales

There had been circulated Report No HLB/075/14 by the Clerk which advised that the Applicant had submitted a noise management plan, a copy of which was attached as Appendix 1 to the Report. A letter of objection had been received from Mr I Bain in response to the application, a copy of which was attached as Appendix 2. The Report invited the Board to determine the application.

The Clerk advised that following the deferral of the application by the Board on 13 May 2014, the Applicant had submitted a noise management plan covering the use of the smoking area on King Street and also the control of the volume of music inside the Premises.  He also advised that notification had been received from the Objector, Mr I Bain, that he wished to withdraw his objection and therefore would not be present at the meeting.

The Board then heard from Mr R Sharp, Applicant, who advised that he had submitted the noise management plan as requested by the Board in response to which there had been no issues arising, and that the Premises had commenced trading under an occasional licence over the weekend with no complaints having been received.

The Licensing Standards Officer explained that noise checks had been carried out in the restaurant and public bar areas of the Premises and confirmed that no external noise could be detected outside the premises when music had been played to a level reflective of what would be played for customers’ benefit.  He advised that sound proofing of the premises had been undertaken as part of the modernisation of the premises.  He was therefore content that if the Applicant complied with the noise management plan, as submitted, there should be no issues arising in regard to noise nuisance.

The Board AGREED to grant the application subject to the mandatory,  local and specific conditions detailed at paragraphs 6 and 7 of the Report.

9.2 Ref: HC/INBS/563
Applicant: Tyree Investments Ltd, 33 Dunfermline Business Centre, Izatt Avenue, Dunfermline per Lorna Murray, 45 Culduthel Road, Inverness 
Premises: No. 7 The Square, Grantown on Spey
Type: On Sales

There had been circulated Report No HLB/076/14 by the Clerk inviting the Board to determine the application.

Having heard from Mrs Lorna Murray for the Applicant, the Board AGREED to grant the application subject to the mandatory and specific conditions detailed at paragraphs 6 and 7 of the Report.

9.3 Ref: HC/CSER/308
Applicant: Dunnett Bay Distillers Ltd 
Premises: Dunnet Bay Distillers Ltd, Dunnett, Thurso
Type: On and Off Sales

There had been circulated Report No HLB/077/14 by the Clerk inviting the Board to determine the application.

Having heard from Ms C Murray on behalf of the Applicant, the Board AGREED to grant the application subject to the mandatory conditions.

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

10.1 Ref: HC/INBS/308
Applicant: Caterleisure Services Limited, 197-199 Main Street, Wilsden, Bardford, Yorkshire per Lindsays Edin,  Caledonian Exchange, 19a Canning Street, Edinburgh
Premises: Berties Bar, Inverness Railway Station, Academy Street, Inverness
Type: On and Off Sales

There had been circulated Report No HLB/078/14 by the Clerk inviting the Board to determine the application.

Having heard from Mrs L Murray for the Applicant, the Board AGREED to grant the application subject to the mandatory and local conditions detailed at paragraph 7 of the Report.

10.2 Ref: HC/INBS/383
Applicant: Greene King Brewing and Retailing Ltd. c/o Belhaven Pubs, Atrium House, 6 Back Walk, Stirling
Premises: The Exchange, 38-40 Academy Street, Inverness
Type: On and Off Sales

There had been circulated Report No HLB/079/14 by the Clerk inviting the Board to determine the application.

Having heard from Mr S MacLean for the Applicant, the Board AGREED to grant the application subject to the mandatory and local conditions detailed at paragraph 7 of the Report.

10.3  Ref: HC/INBS/145
Applicant: Tesco Stores Limited, Tesco House, Delamare Road, Cheshunt, Hertfordshire,  per Hill Brown Licensing, 3 Newton Place, Glasgow
Premises:  Tesco Extra, 1A Eastfield Way, Inverness Business and Retail Park, Inverness
Type: On Sales

There had been circulated Report No HLB/080/14 by the Clerk inviting the Board to determine the application.

Having heard from Mrs L Murray for the Applicant, the Board AGREED to grant the application subject to the mandatory conditions.

10.4  Ref: HC/CSER/0857
Applicant: Diageo Scotland Ltd, 5 Lochside Way, Edinburgh Park, Edinburgh
Premises: Clynelish Distillery, Brora
Type: On and off Sales

There had been circulated Report No HLB/081/14 by the Clerk which advised that a representation had been received from the Council’s Building Standards Team Leader, a copy of which was attached as Appendix 1. The Report invited the Board to determine the application.

The Clerk advised that the Building Standards Service had confirmed that the Applicant had applied for a building warrant and it was anticipated this matter would be resolved in the near future.

Having heard from Ms C Fraser for the Applicant, the Board AGREED to grant the application subject to the mandatory and special conditions detailed at paragraph 8 of the Report.

10.5  Ref: HC/CSER/0274
Applicant: The Firm of Commercial Bar
Premises:  Commercial Bar, 1 Princes Street, Thurso
Type:  On and Off Sales

There had been circulated Report No HLB/082/14 by the Clerk inviting the Board to determine the application.

Having heard from Mr S Shearer for the Applicant, the Board AGREED to grant the application subject to the mandatory, local and late opening conditions detailed at paragraph 7 of the Report.

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

11.1  Ref: HC/RSL/1695
Applicant: John H Fraser
Premises: The Bridge Café (former Little Chef Building), Spean Bridge
Type: On Sales

There had been circulated Report No HLB/083/14 by the Clerk inviting the Board to determine the application.

The Board AGREED to grant the application subject to the mandatory and local conditions detailed at paragraph 6 of the Report.

12.  Licensing (Scotland) Act 2005, Section 38
Applications for Review Hearing of Premises Licences
Achd Cheadachd (Alba) 2005, Earrann 38 -
Iarrtasan airson Èisteachd Ath-bhreithneachail air Ceadachd Togalaich

12.1 Premises: The Waterfront Nightclub and Restaurant, 4 The Shore, Wick
Licence Holder: Robert J Sutherland

On hearing from the Clerk, the Board AGREED to defer consideration of the review in respect of The Waterfront Nightclub and Restaurant until the Board meeting on 12 August 2014.

13.  Surrender of Premises Licence
Gèilleadh Ceadachd Togalaich

13.1 Premises: Carters Rest Guesthouse & Self Catering, 8/9 Upper Milovaig, Glendale, Isle of Skye
Licence Holder:  Stephen Carter

The Board NOTED that the above Premises Licence had been surrendered in terms of Section 28(5)(f).

The meeting ended at 1.50pm.