31 March 2015: Highland Licensing Board

A meeting of the Highland Licensing Board will take place in the Council Chamber, Town House, Inverness on Tuesday, 31 March 2015 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 an 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 the minute of the meeting of the Highland Licensing Board held on 3 February 2015.

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/019/15 detailing Licences which have been granted under delegated powers by the Clerk to the Board during the period 21 January 2015 to 17 March 2015 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/020/15 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 2015 to 17 March 2015 and inviting the Board to note the Report.

6.  Highland Licensing Forum Advice
Comhairle Fòram Ceadachd na Gàidhealtachd 

There is circulated Report No HLB/021/15 outlining advice given by the Highland Licensing Forum with regard to the annual joint meeting and the start time for scheduled meetings of the Board.  

7.  Licensing (Scotland) Act 2005
Guidelines for the grant of extended hours during events in Lochaber and Ullapool
Achd Ceadachd (Alba) 2005 
Stiùiridhean airson uairean leudaichte a bhuileachadh rè tachartasan ann an Loch Abar agus Ullapul

7.1  2015 Scottish Six Day Trials and the UCI Mountain Bike World Cup Event

There is circulated Report No HLB/022/15 which invites the Board to consider whether to promote guidelines in relation to extended licensing hours for the 2015 Scottish Six Day Trials and the UCI Mountain Bike World Cup Event. 

7.2  2015 Ullapool Coastal Rowing Club Skiff Regatta and Loopallu Music Festival Fringe

There is circulated Report No HLB/023/15 which invites the Board to consider whether to promote guidelines in relation to extended licensing hours for the 2015 Ullapool Coastal Rowing Club Skiff Regatta and Loopallu Music Festival Fringe. 

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

8.1  Ref: HC/CSER/1724
Applicant: The Mey House Partnership
Premises: Mey House, East Mey, Caithness
Type: On Sales 

There is circulated Report No HLB/024/15 by the Clerk.

8.2  Ref: HC/INBS/575
Applicant: Seabreaks Limited T/A Caledonian Cruises, 10 Broad O’th Lane, Shevington, Wigan, WN6 8EA
Premises: MV Proud Seahorse (Cruiseship) Seaport Marina, Muirtown Wharf, Inverness IV3 5LE
Type: On Sales  

There is circulated Report No HLB/025/15 by the Clerk. 

8.3 Ref: HC/INBS/576
Applicant: The Deli At Kingussie Partnership of P and J Nield, 2 High Street, Kingussie PH21 1HR.
Premises: The Deli at Kingussie, 2 High Street, Kingussie PH21 1HR.
Type:  Off Sales  

There is circulated Report No HLB/026/15 by the Clerk. 

8.4  Ref: HC/INBS/577
Applicant: Jacobite Cruises Ltd, Dochgarroch Lock, Dochgarroch, IV3 8JG
Premises: Jacobite Rebel (Cruiseship), Dochgarroch Lock, Dochgarroch, IV3 8JG
Type: On and Off Sales

There is circulated Report No HLB/027/15 by the Clerk. 

8.5  Ref: HC/INBS/578
Applicant: High Street Merchants Limited per Donna and Colin Stobie 74-76 High Street, Grantown on Spey PH26 3EL
Premises: The High Street Merchants, 74 High Street, Grantown on Spey PH26 3EL
Type: On and Off Sales

There is circulated Report No HLB/028/15 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/574
Applicant: Ed’s Easy Diner Group Limited, Avenfield House, 118-127 Park Lane, London W1K 7AG
Premises: Ed’s Easy Diner, Unit 29, 11 Eastgate, Eastgate Centre, Inverness IV2 3PP.
Type:  On and Off Sales 

There is circulated Report No HLB/029/15 by the Clerk. 

9.2 Ref: HC/RSL/1729
Applicant: Ali and Sons Holding Ltd per L-POS Ltd, 24 Moorfield Road, Gourock, PA19 1DD
Premises: Black Memorial Hall, The Green, Portree, Isle of Skye, IV51 9BX

Type:  On Sales and Off Sales

There is circulated Report No HLB/030/15 by the Clerk. 

9.3 Ref: HC/RSL/1725
Applicant: The Co-operative Group Food Limited
Premises: The Co-operative Food, School Road, Conon Bridge
Type:   Off-Sale (Provisional)

There is circulated Report No HLB/031/15 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/CSER/0893
Applicant: Avonfield Limited
Premises: Station Hotel, 94 High Streeet, Alness
Type: On and Off Sales

Variation:

1. On sales hours on Saturdays and Sundays to terminate at 0100 hrs the following day. 
2. On and off sales on Sundays to commence at 1100 hrs.
3. Add a seasonal variation to take advantage of any period of extended hours agreed by the Licensing Board over the Festive Period.
4. Add outdoor drinking area and vary the layout plan to show the location of that area.
5. At section 5 of the operating plan add conference facilities and outdoor drinking as activities available during and outwith core hours.  Add restaurant, receptions, club meetings, music and televised sport as activities to be permitted outwith core hours.
6. The following additions are requested to be made at section 5 of the operating plan, outside drinking/eating area, permission to sell take away food, permission to hold charity, fundraising, wine tasting, company promotional events also barbeques and from time to time a marquee may be erected in the grounds for functions and events. 
7. Changes to the Children's Policy are requested to be made at section 6 of the operating plan

There is circulated Report No HLB/032/15 by the Clerk.

10.2  Ref: HC/RSL/0458
Applicant: Purple Grouse Limited
Premises:  MacDonald Hotel, Fort William Road, Kinlochleven, PH50 4QL
Type:  On and Off Sale

Variation:

1. increase on-sale opening hour on Sunday from 1230 hours to 1100 hours and terminal hour from 2345 hours to 0100 hours
2. increase  on-sale terminal hour, Monday to Wednesday from 2400 hours to 0100 hours
3. increase off-sale opening hour, Monday to Saturday from 1100 hours to 1000 hours and Sunday from 1230 hours to 1000 hours
4. increase capacity from 10 to 11 letting bedrooms 
5. include within seasonal variation that the premises wish to take advantage of the Board’s festive policy
6. revision to layout plan to incorporate letting bedroom on ground floor and two additional new exits from public bar area via patio doors to a new outdoor decked area
7. revision to the description of the premises to reflect changes to layout plan.

10.3  Ref: HC/CSER/0349
Applicant: Alison Scott
Premises: The Bannockburn Inn, Stafford Street, Helmsdale, KW8 6JY
Type:  On and Off Sales

Variation:

1. Increase the on-sales operating hours on Mondays to Thursdays, Saturdays and Sundays to terminate at 0100 hours the following day.
2. Increase the on-sales operating hours on Sundays to commence at 1100 hours and terminate at 0100 hours the following day.
3. Increase the off-sales operating hours on Sundays to commence at 1100 hours  

There is circulated Report No HLB/034/15 by the Clerk. 

10.4 Ref: HC/CSER/0193
Applicant: Lisa and Lawrence Macleod
Premises: Old School Restaurant and Rooms, Inshegra, Kinlochbervie, IV27 4RH
Type: On and Off Sales

Variation: 

1. Amend description of the premises.
2. Increase on sales operating hours on Monday to Sunday to commence at 1100 hrs and terminate at 0100 hrs the following day.
3. Add off sales operating hours on Monday to Sunday to commence at 1100 hrs and terminate at 2200 hrs.
4. Remove current wording in Seasonal Variation to allow trading all year round and add the following wording: “allow the premises to take advantage of Board policy hours with regards to festive extensions”.
5. To list of activities during and outwith core hours add restaurant facilities, receptions, club or other group meetings etc, live performances and outdoor drinking facilities and add wording “activities and services provided outwith core hours are for the benefit of customers during trading hours which may commence prior to 1100 hrs on that day”.
6. To list of other activities add Charity, Fund Raising Events and provision of takeaway meals.
7. Amend Children and Young Persons terms of entry.

There is circulated Report No HLB/035/15 by the Clerk.

10.5  Ref: HC/INBS/479
Applicant: James Patrick Earley, Crown Stores, 13 Kingmills Road, Inverness IV2 3JT.
Premises:  Crown Stores 13 Kingsmills Road, Inverness IV2 3JT.
Type: Off Sales

Variation: 

1. Amend operating Plan: increase of capacity to 7.53 sq mtrs
2. Amend layout plan: alter plan of counter and upgrade displays.

There is circulated Report No HLB/036/15 by the Clerk. 

10.6  Ref:  HC/INBS/276
Applicant:   Earnpark Ltd, 4 Knockbain, Kirkhill, Inverness
Premises:   Hootananny/Sofa Bar, 67 Church Street, Inverness IV1 1DR
Type:  Off Sales

Variation:

Amendment to Operating Plan: Hootananny: 

1. On and off sales hours on Sunday to commence from 11.00 hrs.
2. On sales hours on Sunday to continue to 01.00 hrs.
3. On sales on Friday and Saturday to continue until 02.00 hrs
   
   Hootananny and Sofa Bar:
   
4. The premises intend to take advantage of seasonal policies such as festive hours policy as determined by the Board.
5. Delete 5(f) the second paragraph.
   
   Sofa Bar:
   
6. Delete Local Condition (d) 

There is circulated Report No HLB/037/15 by the Clerk.

10.7  Ref:  HC/INBS/05
Applicant:  Autogrill Catering UK Limited, 88 Kingsway, London WC2B 6AA 
Premises:  Terminal Airport Dalcross, Dalcross Airport, Inverness IV2 7BJ
Type:             On and Off Sales

Variation:

1. Amendment to on sales hours to 1100 hrs on a Sunday.
2. Amendment to off sales hours to 1100 hrs on a Sunday
3. Addition of Outdoor Drinking
4. Amendment of capacity up to 450 persons
5. Amend to off sales on layout plan
6. Variation to Layout Plan
7. Amendment to description on Premises Licence
8. Substitution of premises manager 

There is circulated Report No HLB/038/15 by the Clerk. 

10.8  Ref: HC/RSL/0782 
Applicant:   Kirsty J Faulds, Simon J Wallwork, Eric C Faulds and Ann M Faulds t/a The Glenview Hotel
Premises:   The Glenview Hotel, Culnacnoc, By Staffin, Isle of Skye, IV51 9JH
Type:  On Sales

Variation:

1. Amend premises name from “The Glenview Hotel” to “The Glenview”
2. Increase core On Sales hours on Sunday from 1100 hours to 2300 hours
3. Include Off Sales hours from 1100 hours to 2200 hours on Mondays to Sundays
4. Inclusion of additional activities – music, live performances and outdoor drinking
5. Activities outwith core hours – outdoor drinking may take place prior to 1100 hours for teas and coffees
6. Update Children’s Policy – children permitted unaccompanied until 1730 hours and thereafter to be accompanied by an adult.  Young persons permitted unaccompanied at all times
7. Increase capacity from 52 to 58 persons;
8. Variations to layout plan – (i) convert owners’ accommodation into a letting bedroom and extension to the dining room;  (ii)  Convert 3 letting bedrooms into owners’ accommodation;  (iii) inclusion of outdoor drinking area at front of premises

There is circulated Report No HLB/039/15 by the Clerk. 

11.  icensing (Scotland) Act 2005 Section 40 - Request for a Review Hearing - Premises Licence 
Ahd Ceadachd (Alba) 2005 Earrann 40 – Iarrtas airson Èisteachd Ath-bhreithneachaidh – Ceadachd Thogalaichean

11.1  Licence Holder:        Bridge End Filling Station Ltd, Station Road, Beauly, Inverness shire, IV4 7EH
Premises:  Bridgend Filling Station, Station Road, Beauly, IV4 7EH

There is circulated Report No HLB/040/15 by the Clerk.

12.  Surrender of Premises Licence 
Gèilleadh Ceadachd Togalaich

12.1 Premises:  Glen Nevis Caravan and Camping  Site – Shop 1
Licence Holder:  Glen Nevis Holidays Limited

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

12.2 Premises:  Glenborrodale Castle (Adelphi Distillery), Glenborrodale
Licence Holder:  Donald I Houston

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

12.3 Premises:  Station Bar, Middle Street, Fort William 
Licence Holder:  Dale Monk  

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

Minute of the meeting of the Highland Licensing Board held in the Council Chamber, Town House, Inverness, on Tuesday 31 March 2015 at 12.30pm.

Present:
Dr I Cockburn
Mr C Fraser
Mr R Greene
Mr A Henderson
Mrs L Macdonald
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:
Sergeant B Gray, Police Scotland

Item 8.4: Mr R Michie, for the Applicant and Mrs L Murray, Solicitor for the Applicant
Item 9.1: Mrs L Murray, Solicitor for the Applicant
Item 9.2: Mr M Ali, for the Applicant and Mrs L Murray, Solicitor for the Applicant
Item 9.3: Mrs L Murray, Solicitor for the Applicant
Item 10.1: Mr R Munro, for the Applicant
Item 10.2: Mr M Brotherton, for the Applicant
Item 10.6: Mr S Skinner, for the Applicant and Mrs L Murray, Solicitor for the Applicant
Item 10.7: Mrs L Murray, Solicitor for the Applicant
Item 11: Mr D Hardie, Premises Manager

Mr J Stone in the Chair

Briefing on Protocol for Webcasting of Meetings.

The Vice 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

Apologies for absence were intimated on behalf of Mr A Duffy, Mr W Mackay, Mrs G Sinclair and Ms M Smith.

2. Declarations of Interest
Foillseachaidhean Com-pàirt

There were no declarations of interest.

3. Confirmation of Minutes
Dearbhadh a’ Ghearr-chunntais

There had been circulated for confirmation the minute of the meeting of the Board held on 3 February 2015.

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/019/15 by the Clerk detailing the licences which had been granted under delegated powers during the period 21 January 2015 to 17 March 2015 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/020/15 by the Clerk detailing the Occasional Licences and Extended Hours Applications which had been granted under delegated powers during the period 21 January 2015 to 17 March 2015 and inviting the Board to note the Report.

The Board NOTED the Report.

6. Highland Licensing Forum Advice
Comhairle Fòram Ceadachd na Gàidhealtachd

There had been circulated Report No HLB/021/15 outlining the advice given by the Highland Licensing Forum with regard to the annual joint meeting and its concerns and proposals in regard to the start times for scheduled meetings of the Board.

In discussion it was suggested that power be delegated to the Chair and the Clerk to agree the date of the joint meeting with the Highland Licensing Forum.

In regard to the concerns expressed by the Forum in regard to the start times of meetings it was suggested that in future the Highland Licensing Committee commence at 10am and the Highland Licensing Board at 1pm.

The Board AGREED:-

i. to delegate power to the Chair and the Clerk to agree the date of the joint meeting with the Highland Licensing Forum; and
ii. that the start time for future meetings of the Board be 1.00pm (the start time for Highland Licensing Committee meetings being 10.00am).

7. Licensing (Scotland) Act 2005
Guidelines for the grant of extended hours during events in Lochaber and Ullapool
Achd Ceadachd (Alba) 2005
Stiùiridhean airson uairean leudaichte a bhuileachadh rè tachartasan ann an Loch Abar agus Ullapul

7.1 2015 Scottish Six Day Trials and the UCI Mountain Bike World Cup Event

There had been circulated Report No HLB/022/15 by the Clerk which invited the Board to consider whether to promote guidelines in relation to extended licensing hours for the 2015 Scottish Six Day Trials and the UCI Mountain Bike World Cup Event.

The Board AGREED to approve the following guidelines for applications for extended hours under section 68:

i. Scottish Six Day Trials

Friday 8 May 2015
Late Opening Premises: until 0400 hours the following day
Other On Sale Premises: until 0200 hours the following day
Saturday 9 May 2015
Late Opening Premises: until 0400 hours the following day
Other On Sale Premises: until 0200 hours the following day;

ii. UCI Mountain Bike World Cup 2015

Friday 5 June 2015
Late Opening Premises: until 0400 hours the following day
Other On Sale Premises: until 0200 hours the following day

Saturday 6 June 2015
Late Opening Premises: until 0400 hours the following day
Other On Sale Premises: until 0200 hours the following day

Sunday 7 June 2015
until 0200 hours the following day;

iii. the conditions detailed in paragraph 3 of the Report to apply; and

iv. applications for the above extended hours must be made on an individual basis under section 68 of the Act.

7.2 2015 Ullapool Coastal Rowing Club Skiff Regatta and Loopallu Music Festival Fringe

There had been circulated Report No HLB/023/15 by the Clerk which invited the Board to consider whether to promote guidelines in relation to extended licensing hours for the 2015 Ullapool Coastal Rowing Club Skiff Regatta and Loopallu Music Festival Fringe.

The Board AGREED to approve the following guidelines for applications for extended hours under section 68:

i. Loch Broom Skiff Regatta 2015

Friday 10 July and Saturday 11 July
Hours extended until 0200 hours the following day;

ii. Loopallu Music Festival 2015

Friday 25 September and Saturday 26 September
Hours extended until 0200 hours the following day; and

iii. the conditions detailed in paragraph 3 of the Report to apply; and

iv. applications for the above extended hours must be made on an individual
basis under section 68 of the Act.

8. Applications for new Premises Licences
Achd na Ceadachd (Alba) 2005
Larrtas airson Cheadachdan Thogalaichean Ura

8.1 Ref: HC/CSER/1724
Applicant: The Mey House Partnership
Premises: Mey House, East Mey, Caithness
Type: On Sales

There had been circulated Report No HLB/024/15 by the Clerk inviting the Board to determine the application.

The Board AGREED to grant the application subject to the mandatory conditions and the special condition detailed in the Report.

8.2 Ref: HC/INBS/575
Applicant: Seabreaks Limited T/A Caledonian Cruises, 10 Broad O’th Lane, Shevington, Wigan,
Premises: MV Proud Seahorse (Cruiseship) Seaport Marina, Muirtown Wharf, Inverness
Type: On Sales

There had been circulated Report No HLB/025/15 by the Clerk inviting the Board to determine the application.

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

8.3 Ref: HC/INBS/576
Applicant: The Deli At Kingussie Partnership of P and J Nield, 2 High Street, Kingussie
Premises: The Deli at Kingussie, 2 High Street, Kingussie
Type: Off Sales

There had been circulated Report No HLB/026/15 by the Clerk inviting the Board to determine the application.
The Board AGREED to grant the application subject to the mandatory conditions only.

8.4 Ref: HC/INBS/577
Applicant: Jacobite Cruises Ltd, Dochgarroch Lock, Dochgarroch,
Premises: Jacobite Rebel (Cruiseship), Dochgarroch Lock, Dochgarroch,
Type: On and Off Sales

There had been circulated Report No HLB/027/15 by the Clerk inviting the Board to determine the application.
The Clerk advised that the application for on sales to commence at 0900 was outwith the Board’s policy hours and also exceeded the Scottish Government’s recommended guideline of 14 hours in respect of the continuous period during which alcohol may be sold.

Mrs L Murray spoke on behalf of the applicants in support of the application, during which she raised the following points:-

• that the application effectively sought to substitute the existing premises licence held in respect of the Jacobite Legend to its new replacement vessel, the Jacobite Rebel; in this regard her client’s instruction was to surrender the licence held by the Jacobite Legend in the event the application was granted;
• that the hours applied for mirrored the hours currently enjoyed by the Jacobite Legend and other vessels in the fleet;
• there had been no objections/representations received in regard to the application;
• under the previous licensing regime the operation had for a number of years been able to offer customers the facility of alcohol on their vessels at all times while at sea and that following the introduction of the Licensing (Scotland) Act 2005 the Board, in granting the licence for the Jacobite Legend in 2009, had accepted that it was appropriate for her clients to continue to offer this facility;
• noting that in regard to the Board’s new policy in relation to hybrid premises it was not uncommon for premises to be permitted to open for more than 14 hours;
• that the application was equivalent to an application to vary an existing licence in respect of fixed premises and should be considered on that basis; and
• that her client delivered a high quality visitor attraction and had achieved a five star grading from Visit Scotland; the business should therefore be allowed to continue to operate as they had in the past, noting that there had been no adverse issues or complaints arising.

The Clerk advised that the current licence held by the Jacobite Legend had been granted by a previous Board under a different policy. He cautioned against departing from the Board’s policy on the grounds this may lead to further applications for early hours from non-food led operations. He also advised that no representations/objections in regard to operating hours for vessels had been received during the consultation on the Board’s new policy.
In discussion it was suggested that the application be granted on the basis that the Applicant had confirmed the existing premises licence for the Jacobite Legend would be surrendered in favour of a new licence, and that the operation had benefited from early hours for a number of years.

The Board AGREED to grant the application subject to the mandatory conditions only and to note the surrender of the premises licence for the vessel, Jacobite Legend.

8.5 Ref: HC/INBS/578
Applicant: High Street Merchants Limited per Donna and Colin Stobie 74-76 High Street, Grantown on Spey
Premises: The High Street Merchants, 74 High Street, Grantown on Spey
Type: On and Off Sales

There had been circulated Report No HLB/028/15 by the Clerk inviting the Board to determine the application.

The Board AGREED to grant the application subject to the mandatory conditions and the local condition detailed in the Report.

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/574
Applicant: Ed’s Easy Diner Group Limited, Avenfield House, 118-127 Park Lane, London
Premises: Ed’s Easy Diner, Unit 29, 11 Eastgate, Eastgate Centre, Inverness I
Type: On and Off Sales

There had been circulated Report No HLB/029/15 by the Clerk inviting the Board to determine the application.
Mrs L Murray spoke on behalf of the applicants in support of the application during which she advised that her clients wished to amend the application to remove the off sales element. She also indicated that in regard to the children and young person’s policy her clients were seeking flexibility by implementing a policy based on management discretion as the criteria for unaccompanied access for children, in what she suggested was a safe and controlled environment. It was also confirmed that the sale of alcohol at the premises represented only a very small percentage of overall sales.
The Licensing Standards Officer advised that the premises were very much a food led operation and that the sale of alcohol would not be manifest in the premises. Accordingly he did not consider there would be any issues in terms of the licensing objectives in allowing unaccompanied access for under 12s based on the policy suggested by the applicant’s agent.

The Board AGREED to grant the application as amended (the removal of reference to Off Sales) subject to the mandatory conditions and the local condition detailed in the Report.

9.2 Ref: HC/RSL/1729
Applicant: Ali and Sons Holding Ltd per L-POS Ltd, 24 Moorfield Road, Gourock,
Premises: Black Memorial Hall, The Green, Portree, Isle of Skye,
Type: On Sales and Off Sales

There had been circulated Report No HLB/030/15 by the Clerk advising that a timeous notice of objection, had been received from GVA for and on behalf of the Royal Bank of Scotland, a copy of which was appended to the Report. The Report invited the Board to determine the application.

The Clerk confirmed that the objector was not in attendance to present their case.

Mrs L Murray, spoke on behalf of the applicants in support of the application, during which she advised that her client was content to amend the on-sales and off-sales element of the application to reflect the terms of the planning permission which only permitted the public to enter the premises between noon and midnight. She submitted that the matters raised in the objection would have been addressed as part of the planning process and there was no evidence to suggest that the grant of a licence would lead to any public nuisance or issues arising with unauthorised car parking.

The Board AGREED to grant the application as amended (on-sales hours to read 12 noon to 12 midnight and off-sales hours to read 12 noon to 2200 hours) subject to the mandatory conditions only.

9.3 Ref: HC/RSL/1725
Applicant: The Co-operative Group Food Limited
Premises: The Co-operative Food, School Road, Conon Bridge
Type: Off-Sale (Provisional)

There had been circulated Report No HLB/031/15 by the Clerk inviting the Board to determine the application.
The Board AGREED to grant the application subject to the mandatory conditions only.

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/CSER/0893
Applicant: Avonfield Limited
Premises: Station Hotel, 94 High Street, Alness
Type: On and Off Sales

There had been circulated Report No HLB/032/15 by the Clerk advising that timeous notices of objection/representation had been received from Ian and Mary Black and Middleton Ross and Arnot, Solicitors, on behalf of William D Smith, copies of which were appended to the Report.The Report invited the Board to determine the application.

The Clerk confirmed that the objectors were not in attendance to present their case.

Mr R Munro, for the Applicant, spoke in support of the application during which he confirmed that in regard to the matters raised in the objections a noise management plan had been submitted and would be implemented at the premises to mitigate against any potential noise nuisance arising at the premises. He also outlined the measures that would be put in place to ensure the terrace was not used as a smoking area and advised that this would include signage and policing by staff.

The Licensing Standards Officer advised that following discussions with the objectors and/or their representatives the majority of the issues raised in the objections had been resolved.

The Board AGREED to grant the application subject to the mandatory and other conditions detailed in the Report.

10.2 Ref: HC/RSL/0458
Applicant: Purple Grouse Limited
Premises: MacDonald Hotel, Fort William Road, Kinlochleven
Type: On and Off Sale

There had been circulated Report No HLB/033/15 by the Clerk advising that timeous notices of objection/representation had been received from Planning and Building Standards, Peter McIntyre, and Sheri Murphy, copies of which were appended to the Report. The Report invited the Board to determine the application.

The Clerk confirmed that the objectors were not in attendance to present their case. He also advised that a noise management plan had now been submitted in respect of the premises.

Mr M Brotherton, for the Applicant, spoke in support of the application during which he addressed the objections received. He advised that appropriate screening would be undertaken in the outdoor decking area to minimise any visual impact on neighbouring properties and to help filter out any noise arising from the premises. In regard to issues of privacy he advised that there were no windows located on the side of the neighbouring property which faced the premises.

Mr Brotherton indicated that concern around potential public nuisance arising from the Hotel were not relevant given that the premises was not a pub type establishment and typically patrons were walkers seeking an evening meal and refreshments rather than late revellers.

The Board AGREED to grant the application subject to the mandatory and other conditions detailed in the Report plus the following condition:

“A written noise management plan acceptable to the Highland Licensing Board must be in place for the premises and any relevant activity or service being provided must be conducted in accordance with that plan.”

10.3 Ref: HC/CSER/0349
Applicant: Alison Scott
Premises: The Bannockburn Inn, Stafford Street, Helmsdale
Type: On and Off Sales

There had been circulated Report No HLB/034/15 by the Clerk inviting the Board to determine the application.
The Board AGREED to grant the application subject to the mandatory conditions and existing local conditions.

10.4 Ref: HC/CSER/0193
Applicant: Lisa and Lawrence Macleod
Premises: Old School Restaurant and Rooms, Inshegra, Kinlochbervie,
Type: On and Off Sales

There had been circulated Report No HLB/035/15 by the Clerk inviting the Board to determine the application.

The Board AGREED to grant the application subject to the mandatory conditions, removal of the existing local and specific conditions and addition of the other conditions detailed in the Report.

10.5 Ref: HC/INBS/479
Applicant: James Patrick Earley, Crown Stores, 13 Kingmills Road, Inverness
Premises: Crown Stores 13 Kingsmills Road, Inverness
Type: Off Sales

There had been circulated Report No HLB/036/15 by the Clerk inviting the Board to determine the application.

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

10.6 Ref: HC/INBS/276
Applicant: Earnpark Ltd, 4 Knockbain, Kirkhill, Inverness
Premises: Hootananny/Sofa Bar, 67 Church Street, Inverness
Type: Off Sales

There had been circulated Report No HLB/037/15 by the Clerk inviting the Board to determine the application.

Mrs L Murray spoke on behalf of the applicants in support of the application, during which she confirmed that, in accordance with the recommended additional specific local condition detailed in the Report, the ground floor of the premises would not operate after 0100hrs until such time as the CCTV system was in place and fully operational.

The Board AGREED to grant the application subject to:

i. the mandatory and other conditions detailed in the Report; and
ii. removal of existing conditions L and F.

10.7 Ref: HC/INBS/05
Applicant: Autogrill Catering UK Limited, 88 Kingsway, London
Premises: Terminal Airport Dalcross, Dalcross Airport, Inverness
Type: On and Off Sales

There had been circulated Report No HLB/038/15 by the Clerk inviting the Board to determine the application.
The Board AGREED to grant the application subject to the mandatory conditions and the existing local conditions.

10.8 Ref: HC/RSL/0782
Applicant: Kirsty J Faulds, Simon J Wallwork, Eric C Faulds and Ann M Faulds t/a The Glenview Hotel
Premises: The Glenview Hotel, Culnacnoc, By Staffin, Isle of Skye,
Type: On Sales

There had been circulated Report No HLB/039/15 by the Clerk inviting the Board to determine the application.
The Board AGREED to grant the application subject to the mandatory conditions only.

11. Licensing (Scotland) Act 2005 Section 40 - Request for a Review Hearing - Premises Licence
Ahd Ceadachd (Alba) 2005 Earrann 40 – Iarrtas airson Èisteachd Ath-bhreithneachaidh – Ceadachd Thogalaichean

11.1 Licence Holder: Bridge End Filling Station Ltd, Station Road, Beauly, Inverness shire
Premises: Bridgend Filling Station, Station Road, Beauly

There had been circulated Report No HLB/040/15 by the Clerk advising that an application had been received requesting that the condition placed on the premises licence by a previous Board at its meeting on 21 September 2010 be removed. The Report advised that Police Scotland had confirmed by letter dated 23 February 2015 that they had no objections to the removal of the condition.

The Clerk explained that the condition required that a personal licence holder be on duty at the premises on Fridays and Saturdays between 3.30 pm and 10.00 pm, and outlined the circumstances in which the condition had been imposed.

Mr D Hardie, Premises Manager, advised that since the imposition of the condition in 2010 both the management and compliance regime at the premises had changed. A major supermarket had also located adjacent to the premises and this had changed the nature of alcohol sales at the Filling Station, noting that in the previous year only a small percentage of the operation’s gross profit had been attributable to alcohol sales. He also advised that the requirement to have a high proportion of licence holders incurred significant additional costs for the operators and he provided further information in this regard.

Thereafter, Sergeant B Gray confirmed that Police Scotland had no objections to the removal of the condition from the premises licence.

The Board AGREED to remove the condition requiring a personal licence holder to be on duty at the premises on Fridays and Saturdays between 3.30 pm and 10.00 pm.

12. Surrender of Premises Licence
Gèilleadh Ceadachd Togalaich

12.1 Premises: Glen Nevis Caravan and Camping Site – Shop 1
Licence Holder: Glen Nevis Holidays Limited

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

12.2 Premises: Glenborrodale Castle (Adelphi Distillery), Glenborrodale
Licence Holder: Donald I Houston

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

12.3 Premises: Station Bar, Middle Street, Fort William
Licence Holder: Dale Monk

The Board NOTED that the above Premises Licences had been surrendered in terms of Section 28(5)(f).
The meeting ended at 1.20pm.