8 December 2015: Highland Licensing Board

Agenda

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A meeting of the Highland Licensing Board will take place in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Tuesday, 8 December 2015 at 1.00 pm (following the Highland Licensing Committee commencing 10.00 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 the minute of the meeting of the Highland Licensing Board held on 3 November 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/118/15 detailing licences which have been granted under delegated powers by the Clerk to the Board during the period 21 October 2015 to 24 November 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/119/15 detailing occasional licences and extended hours applications which have been granted under delegated powers by the Clerk to the Board during the period 21 October 2015 to 24 November 2015 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/1751
Applicant: Glenuig Community Shop Ltd
Premises: Glenuig Community Shop, Glenuig, Lochailort, PH38 4NB
Type: Off-Sales

There is circulated Report No HLB/120/15 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/CSER/1750
Applicant: Graham Rooney
Premises: Platform 1864, Station Road, Tain
Type: On and Off Sales

There is circulated Report No HLB/121/15 by the Clerk.

7.2 Ref: HC/RSL/1752
Applicant: Donald Houston
Premises: Mingary Castle, Kilchoan, PH36 4LH
Type: On and Off-Sale

There is circulated Report No HLB/122/15 by the Clerk.

7.3 Ref: HC/INBS/584
Applicant: The Partnership of James E Dunbar and Lynn Dunbar, Tigh na Moulinn, Kiltarlity, Beauly IV4 7HG per MacLeod and MacCallum, 28 Queensgate, Inverness, IV1 1YN.
Premises: Ness Deli, The Green, Drumnadrochit, IV63 6TX
Type: On and Off Sales

There is circulated Report No HLB/123/15 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/0301
Applicant: Emma Louise MacLean
Premises: Lochcarron Food Centre, Main Street, Lochcarron, IV54 8YD
Type: Off Sales

Variation:

Operating Plan:

Increase off-sales core hours on Monday to Sunday from 1000 hrs to 2200 hrs
Remove seasonal variation to accommodate all year trading hours.

There is circulated Report No HLB/124/15 by the Clerk.

8.2 Ref: HC/RSL/0774
Applicant: Punch Partnership Limited per TLT LLP, 140 West George Street, Glasgow, G2 2HG
Premises: Portree Hotel, Somerled Square, Portree, Isle of Skye, IV51 9EH
Type: On Sales and Off Sales

Variation:

Amend seasonal variation – remove existing wording and replace to reflect the Board’s Festive Policy.
Update description of premises.
Changes to layout plans – (i) Lounge area opened up into one large open plan area with open access to the public bar; (ii) Toilet facilities altered to provide unisex disabled and female toilets and gents relocated to former store room; (iii) Reduced size of restaurant on first floor to provide kitchen facilities; (iv) Bedroom access doors and en-suites reconfigured in some rooms; (v) Staff bathroom relocated to staff area.

There is circulated Report No HLB/125/15 by the Clerk.

8.3 Ref: HC/INBS/381
Applicant: The Star Inn (Ardersier) Ltd, Elm House, Cradlehall Business Park, Inverness IV2 5GH per Katie MacDonald.
Premises: The Star Inn, 8 High Street, Ardersier, Inverness IV2 7QB.
Type: On and Off Sales

Variation:

Amend on sales hours for Saturday and Sunday to terminate 0100 hours.
Amend on sales hours on Sunday to commence at 1100 hours.
Amend off sales hours on Sunday to commence at 1100 hours.
Seasonal variations to include statement that premises will operate periods of extended hours as granted by Highland Licensing Board.
Section 5 of the operating plan to be amended to allow restaurant facilities, bar-meals, dance facilities and indoor sports all within and outwith core hours.
Alter Children's Policy: Children and Young Persons will be allowed in public bar at management's discretion until 1700 hours. Children and Young Persons will be allowed access to the lounge bar until 2300 hours or in the case of a privately booked function for the duration of the function, and at management's discretion.
Amended wording as S 5(f): 'Restaurant facilities may operate outwith core hours to provide meals such as breakfasts. Dance facilities may be offered according to customer demand. Indoor Sports such as pool and darts maybe played at any time at management's discretion.'
Amend licence description. Final sentence of existing description to be deleted. New sentence to be inserted: 'The premises offer an extensive restaurant/bar meal facility to customers'.
Amend premises name to The Star Inn.

A timeous notice of representation has been received from Mr and Ms C and M Drake, 10a High Street, Ardersier IV2 7QB and is appended to the report. Both the applicant and the objector have been invited to attend the hearing.

There is circulated Report No HLB/126/15 by the Clerk.

9. Surrender of premises licence
Gèilleadh ceadachd togalaich

9.1 Premises: The Birch Tree, Delny, Invergordon, IV18 0NP
Licence Holder: Barry Hartshorne

9.2 Premises: Caol Community Centre, Caol, Fort William
Licence Holder: Karen Fay Houghton

9.3 Premises: Coffee Shop/Celtic Spirits, Strathpeffer, IV14 9DG
Licence Holder: Michael Mackenzie

9.4 Premises: Grant’s, 50 High Street, Dingwall, IV15 9HL
Licence Holder: Wilma and Fraser Hutcheson

9.5 Premises: Melvaig Inn, Gairloch, IV21 2DZ
Licence Holder: Ian Douglass

9.6 Premises: Invercassley Stores, Rosehall, IV27 4BD
Licence Holder: Robert Sendall

9.7 Premises: Falls of Shin Visitors Centre, Achany Glen, Lairg, IV27 4EE
Licence Holder: Balnagown Castle Properties Limited

9.8 Premises: Burghfield House Hotel, Cnoc an Lobht, Dornoch, IV25 3HN
Licence Holder: The North Highland College

9.9 Premises: Roy Bridge Stores, Roy Bridge PH31 4AE
Licence Holder: Partnership of Raymond and Lorna Weir

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

10. Licensing (Scotland) Act 2005 Section 36 - Request for a review hearing – premises licence
Achd Ceadachd (Alba) 2005 Earrann 36 – Iarrtas airson eisteachd athbhreithneachaidh – ceadachd thogalaichean

10.1 Licence Holder: Mohammed Sajed Ahmed
Premises: Curry King, 15 Bridge Street, Wick

There is circulated Report No HLB/127/15 by the Clerk.

Minutes

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Minute of the meeting of the Highland Licensing Board held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness, on Tuesday 8 December 2015 at 1.00pm.

Present:

Dr I Cockburn
Mr C Fraser
Mr A Henderson
Mrs L Macdonald
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:

Sergeant B Gray, Police Scotland

Item: 7.3: Mr G Watson, Solicitor for the Applicant
Item: 8.2: Mr M Stewart, Solicitor for the Applicant
Item: 8.3: Ms L Macdonald, Applicant and Mr C Drake, Objector

Briefing on Protocol for Webcasting of Meetings.

Dr I Cockburn in the Chair

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

Apologies for absence were intimated on behalf of Mr A Duffy, Mr R Greene, Mr W Mackay and Mrs G Sinclair.

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 meeting of the Board held on 3 November 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/118/15 detailing licences which had been granted under delegated powers by the Clerk to the Board during the period 21 October 2015 to 24 November 2015.

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/119/15 detailing occasional licences and extended hours applications which had been granted under delegated powers by the Clerk to the Board during the period 21 October to 24 November 2015.

The Board NOTED the report.

6. Licensing (Scotland) Act 2005
Applications for variation (major) to premises licences
Achd Ceadachd (Alba) 2005
Iarrtasan airson Caochladh (Mòr) a thaobh Ceadachdan Thogalaichean

6.1 Ref: HC/RSL/1751
Applicant: Glenuig Community Shop Ltd
Premises: Glenuig Community Shop, Glenuig, Lochailort
Type: Off Sales

There had been circulated Report No HLB/120/15 by the Clerk inviting the Board to determine the application.

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

7. Licensing (Scotland) Act 2005 Applications for provisional premises licences
Achd Ceadachd (Alba) 2005 Iarrtas airson ceadachdan thogalaichean le cumha

7.1 Ref: HC/CSER/1750
Applicant: Graham Rooney
Premises: Platform 1864, Station Road, Tain
Type: On and Off Sales

There had been circulated Report No HLB/121/15 by the Clerk inviting the Board to determine the application.

The Board AGREED to grant the application subject to the mandatory conditions, the local conditions, the special condition and the late opening conditions as detailed in paragraph 7 of the Report.

7.2 Ref: HC/RSL/1752
Applicant: Donald Houston
Premises: Mingray Castle, Kilchoan
Type: On and Off Sales

There had been circulated Report No HLB/122/15 by the Clerk inviting the Board to determine the application.

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

7.3 Ref: HC/INBS/584
Applicant: The Partnership of James E Dunbar and Lynn Dunbar
Premises: Ness Deli, The Green, Drumnadrochit
Type: On and Off Sales

There had been circulated Report No HLB/123/15 by the Clerk inviting the Board to determine the application.

On hearing from Mr G Watson for the Applicant, the Board AGREED to grant the application subject to the mandatory conditions.

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/0301
Applicant: Emma Louise MacLean
Premises: Lochcarron Food Centre, Main Street, Lochcarron
Type: Off Sales

There had been circulated Report No HLB/124/15 by the Clerk inviting the Board to determine the application.

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

8.2 Ref: HC/RSL/0774
Applicant: Punch Partnership Limited per TLT LLP, 140 West George Street, Glasgow
Premises: Portree Hotel, Somerled Square, Portree, Isle of Skye
Type: On Sales and Off Sales

There had been circulated Report No HLB/125/15 by the Clerk inviting the Board to determine the application.

On hearing from Mr M Stewart for the applicant, the Board AGREED to grant the application subject to the mandatory, the local and the special conditions as detailed in paragraph 7 of the Report.

8.3 Ref: HC/INBS/381
Applicant: The Star Inn (Ardersier) Ltd, Elm House, Cradlehall Business Park, Inverness IV2 5GH per Katie MacDonald.
Premises: The Star Inn, 8 High Street, Ardersier, Inverness
Type: On and Off Sales

There had been circulated Report No HLB/126/15 by the Clerk which advised that a timeous notice of representation dated 13 November 2015 had been received from Mr and Mrs C and M Drake. The Report invited the Board to determine the application.

During discussion of this item, the Licensing Standards Officer provided Members, the applicant and objector with an opportunity to view and discuss the layout plan for the premises

Thereafter, Ms L Macdonald, applicant spoke in support of her application during which she advised that in response to the objection received the smoking area had been relocated to the rear of the premises and measures introduced so that patrons were not permitted to consume alcoholic or non- alcoholic drinks outwith the premises after 2300hrs. Her staff also undertook regular sound checks and turned down the volume of any music after midnight. In addition doors and windows at the premises were always kept closed with the exception of the rear door which served as the access to the smoking area. She had also recently purchased a flat close to the premises and adjacent to the objector’s property and had found that any music arising from the premises was inaudible from that property. In conclusion she advised that while she considered the grounds of the complaint were not justified she was willing to ensure a steward was located at the rear access to the smoking area at weekends when there was music playing.

Mr C Drake advised that his main concern related to the noise nuisance arising from the premises from live and recorded music from 10pm onwards noting that his house was located only 10 metres away from the premises. He was also concerned at the noise and disturbance arising from the use of the main entrance to the premises located next door to his property and the fact that this was used as a toilet and smoking area and also that some patrons had vomited

in close proximity to his property. He also expressed concern that the curtilage of the building was not cleaned and any materials removed until the next morning.

The Licensing Standards Officer reported that following discussion with the applicants he was hopeful that they would take all necessary steps to address the objectors’ concerns within the noise management plan noting that he had received an initial draft of the plan. He suggested that the management of the main entrance to the front of the premises was crucial particularly at the busier and egress times and to ensure smokers were using the designated area to the rear of the premises. In addition to the conditions recommended to be attached to the grant of a licence, it was also important the applicants demonstrated their willingness to be good neighbours and ensure there was appropriate management to control customers and their behaviour and ensure adequate supervision and cleaning of the curtilage of the premises.

During discussion, Members commented as follows:-

it was important that the Licensing Standards Officer continue to offer advice and assistance to the applicants to ensure any concerns were addressed going forward;
that the application be granted on the basis there were special conditions recommended in the Report which were designed to mitigate against any noise nuisance in addition to the requirement that the applicants complete and submit a noise management plan to demonstrate how they would ensure compliance with the licensing objectives;
it was important that the applicant maintained good communication with the objectors and other neighbours in the community to ensure that any issues arising in relation to the premises could be resolved timeously; and
that it be delegated to the Licensing Standards Officer to finalise the noise management plan with the applicants and the objector.

The Board AGREED to grant the application subject to the mandatory, the local and the special conditions as detailed in paragraph 8 of the Report.

9. Surrender of premises licence
Gèilleadh ceadachd togalaich

9.1 Premises: The Birch Tree, Delny, Invergordon,
Licence Holder: Barry Hartshorne