5 January 2016: Highland Licensing Board

A meeting of the Highland Licensing Board will take place in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Tuesday, 5 January 2016 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.  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/001/16 detailing licences which have been granted under delegated powers by the Clerk to the Board during the period 25 November 2015 to 8 December 2015 and inviting the Board to note the Report. 

4. 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/002/16 detailing occasional licences and extended hours applications which have been granted under delegated powers by the Clerk to the Board during the period 25 November 2015 to 8 December 2015 and inviting the Board to note the Report.

5.  Review Proposal – Non-payment of annual premises licence fees 
Moladh Ath-sgrùdaidh – Neo-phàigheadh Chìsean Ceadachd Togalaich Bliadhnail

There is circulated Report No HLB/003/16 by the Clerk inviting the Board to make a review proposal for those premises which have not paid their annual fee. 

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/INBS/508 
Applicant: Caledonian Heritable Limited, 4 Hope Street, Edinburgh EH2 4DB
Premises: Encore (formerly Karma Lounge), 5-9 Young Street, Inverness IV3 5BL
Type: On Sales

Variation:

Operating Plan

1. Premises Name to be changed to 'Encore'.
2. 'Yes' to Seasonal Variations. The Premises shall seek to operate any period of extended hours offered by the Highland Licensing Board such as festive extensions.
3. Remove the restriction at 5(f) - 'between the hours of 1200 hrs and 1900 hrs daily alcohol sales will be restricted to persons having meals as an ancillary to that meal'.
4. Add carry out meals at 5*(f).
5. At 6(d) children and young persons will also be permitted on the premises until 2200 hours daily whilst attending a private function.
6. New Premises Manager.

Layout Plan

1. Full 'strip out'. Re-location of bar counter. New windows to front of main area (changed to bi-folding). Smoking area formed to right-hand side. Street windows removed and moved back within building. New kitchen fit-out with new servery. Re-location of DJ booth and dance floor areas.

There is circulated Report No HLB/004/16 by the Clerk. 

6.2 Ref: HC/INBS/163
Applicant: Great Glen Trading Centre Partnership, Tartan House, Glen Service Station, Dunard, Fort Augustus PH32 4DT
Premises: Great Glen Trading Centre, Tartan House, Glen Service Station, Dunard, Fort Augustus PH32 4DT.
Type:  Off Sales

Variation: 

Operating Plan:

1. Amend Off Sale hours: Sundays 1000 hours to 2200 hours

Layout Plan:

1. Amendment to capacity - Increase to 21.75 sq mts (from 19.1)

There is circulated Report No HLB/005/16 by the Clerk. 

6.3 Ref: HC/INBS/111 
Applicant: Cairngorm Canoeing and Sailing School Ltd, Insh Hall, Kincraig, By Kingussie PH21 1NU per Jonathan Freshwater.
Premises: Loch Insh Watersports, Kincraig, by Kingussie PH21 1NU
Type:  On and Off Sales

Variation: 

Operating Plan:

1. Extension of opening hours: Monday to Saturday to 0100 hours. Sunday from 1100 hours to 0100 hours.
2. Addition of Off Sales: Monday to Sunday 1000 hours to 2200 hours.
3. Additional of Seasonal Variation.
4. Addition of take-away food sales.
5. Amendment to Children's Policy: 'Children and Young Persons will be allowed at all times when accompanied by an adult.'
6. Increase of licensed area.

Layout Plan:

1. Licence to cover entire site. This to include the current footprint and extend to area north of premises, beach area, games dome and up to Insh Hall.

Premises Licence

1. Change of name of the premises to Loch Insh Watersports
2. Change to description: 'Licensed restaurant and bar area, including balcony with extended bar, outside areas to games dome and Insh Hall.'

There is circulated Report No HLB/006/16 by the Clerk.

7. Surrender of premises licence
Gèilleadh ceadachd togalaich

7.1 Premises: The Watermill at Skye Serpentarium, The Old Mill, Harrapool, Broadford, Isle of Skye, IV49 9AQ 
Licence Holder: Catherine W Shearer

7.2 Premises: The Top Shop, Ford Road, Broadford, Isle of Skye, IV49 9AB 
Licence Holder: Harrapool Ltd

The above premises licences have been surrendered in terms of section 28(5)(f).

8. Premises licence review proposal 
Premises: Caledonian Hotel, Beauly 

A premises licence review application has been received from the Scottish Fire and Rescue Service. The Board must hold a hearing to determine the application and it is recommended that this take place on 2 February 2016. 

Minute of the meeting of the Highland Licensing Board held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness, on Tuesday 5 January 2016 at 1.00pm.

Present

Dr I Cockburn
Mr C Fraser
Mrs L Macdonald
Mr W Mackay
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:

Sergeant B Gray, Police Scotland

Item: 6.1: Mrs L Murray, Solicitor for the Applicant

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 and Mr R Greene.

2. Declarations of Interest 
Foillseachaidhean Com-pàirt. 

There were no declarations of interest.

3. 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/001/16 detailing licences which had been granted under delegated powers by the Clerk to the Board during the period 25 November 2015 to 8 December 2015.

The Board NOTED the report.

4. 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/002/16 detailing occasional licences and extended hours applications which had been granted under delegated powers by the Clerk to the Board during the period 25 November 2015 to 8 December 2015.

The Board NOTED the report.

5. Review Proposal – Non-payment of annual premises licence fees
Moladh Ath-sgrùdaidh – Neo-phàigheadh Chìsean Ceadachd Togalaich Bliadhnail

There had been circulated Report No HLB/003/16 by the Clerk which invited the Board to hold review hearings to consider and determine their review proposals in respect of the premises listed in the Report for which the annual fees remained unpaid and which therefore breached the mandatory conditions of their premises licences.

The Clerk provided an update in regard to the Report and confirmed that the undernoted premises had now paid their annual fee:-:-

• Jury’s Inn, Milburn Road, Inverness
• Sobar, Castle Street, Inverness
• Ferry Stores, Kilchoan
• Picture House, High Street, Dingwall

The Clerk confirmed that no parties were present at the meeting to represent the remaining premises in respect of which the annual fee remained unpaid

Thereafter, the Board AGREED to make a review proposal for those premises which had not paid their annual fee and to hold review hearings on 2 February 2016.

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/INBS/508
Applicant: Caledonian Heritable Limited, 4 Hope Street, Edinburgh EH2 4DB
Premises: Encore (formerly Karma Lounge), 5-9 Young Street, Inverness IV3 5BL
Type: On Sales

There had been circulated Report No HLB/004/16 by the Clerk which invited the Board to determine the application.

Mrs L Murray for the applicant, spoke in support of the application during which she advised that her clients were content with the recommended conditions to be attached to the grant of a licence with the exception of specific condition detailed at paragraph 8.3 (4) of the Report which provided that after 2200hrs no alcoholic or non-alcoholic beverages shall be consumed within the designated smoking area. This was on the basis that the smoking area was located within the footprint of the premises in an area where the frontage was open in its entirety, the windows having been removed and moved back within the building.  She clarified there was no direct entrance or exit to this area from the street and that the smoking area could only be accessed from within the premises. She advised that the smoking area had been inspected by the Council’s Building Standards and was in compliance with the relevant regulations.

Mrs Murray advised that in terms of any potential noise nuisance the smoking area would be monitored closely by the door stewards and that her clients would be content to accept a condition that there be no playing of live and or recorded music in the smoking area after 2200 hours.

The Licensing Standards Officer advised that he was content with the proposed amendment to the recommended conditions as detailed above observing that these were well-run premises and if any complaints were received from the public in regard to noise these would be brought back to the Board.

The Board AGREED to grant the application subject to the removal of local conditions 1 and 2, and subject to the mandatory conditions, the remaining existing local conditions 3 to 9 and the specific conditions as detailed in paragraph 8 of the Report with the exception of the condition detailed in 8.3 (4) which will be replaced with a condition requiring that there be no playing of live and or recorded music in the smoking area after 2200 hours.

6.2 Ref: HC/INBS/163
Applicant: Great Glen Trading Centre Partnership, Tartan House, Glen Service Station, Dunard, Fort Augustus PH32 4DT
Premises: Great Glen Trading Centre, Tartan House, Glen Service Station, Dunard, Fort Augustus PH32 4DT.
Type: Off Sales

There had been circulated Report No HLB/005/16 by the Clerk which invited the Board to determine the application.

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

6.3 Ref: HC/INBS/111
Applicant: Cairngorm Canoeing and Sailing School Ltd, Insh Hall, Kincraig, By Kingussie PH21 1NU per Jonathan Freshwater.
Premises: Loch Insh Watersports, Kincraig, by Kingussie PH21 1NU

There had been circulated Report No HLB/006/16 by the Clerk which invited the Board to determine the application.

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

7.  Surrender of premises licence
Gèilleadh ceadachd togalaich

7.1 Premises: The Watermill at Skye Serpentarium, The Old Mill, Harrapool, Broadford, Isle of Skye, IV49 9AQ
Licence Holder: Catherine W Shearer

The Board NOTED that the above premises licence had been surrendered in terms of Section 28(5)(f) of the Licensing (Scotland) Act 2005.

7.2 Premises: The Top Shop, Ford Road, Broadford, Isle of Skye, IV49 9AB
Licence Holder: Harrapool Ltd

The Board NOTED that the above premises licence had been surrendered in terms of Section 28(5)(f) of the Licensing (Scotland) Act 2005.

8. Premises licence review proposal
Premises: Caledonian Hotel, Beauly

The Clerk reported that a premises licence review application had been received from the Scottish Fire and Rescue Service and advised that the Board was required to hold a hearing to determine the application. He recommended that the hearing be adjourned to 2 February 2016.

The Board AGREED to hold a premises licence review hearing and to adjourn the hearing to the next meeting on 2 February 2016.

The meeting ended at 1.10pm.