6 December 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, 6 December 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

Susan Blease
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 1 November 2016.

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/105/16 detailing Licences which have been granted under delegated powers by the Clerk to the Board during the period 19 October to 22 November 2016 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/106/16 detailing occasional licences and extended hours applications which have been granted under delegated powers by the Clerk to the Board during the period 19 October 2016 to 22 November 2016 and inviting the Board to note the report.

6.  Consultation Draft Gambling Policy Statement
Dreachd Cho-chomhairle Aithris Poileasaidh Ceàrrachd

There is circulated Report No HLB/107/16 by the Clerk detailing the consultation responses to the Consultation Draft Policy Statement set out in the Appendix and inviting the Board to agree the terms of its Policy Statement 2017-20 following consideration of these consultation responses. 

7.  Licensing (Scotland) Act 2005
Applications for new premises licences
Achd na Ceadachd (Alba) 2005
Larrtas airson cheadachdan thogalaichean ura

7.1  Ref: HC/CSR/1797
Applicant: Carole Morrell
Premises: The Caberfeidh Hotel, Main Street, Golspie, KW10 6RA
Type: On and Off Sales

There is circulated Report No HLB/108/16 by the Clerk.

7.2  Ref: HC/CSR/1794
Applicant: Anna Lane Paterson
Premises: The Ship Inn, Shore Road, Invergordon
Type: On Sales

There is circulated Report No HLB/109/16 by the Clerk.

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

8.1  Ref: HC/INBS/599
Applicant: Cairngorm Spas Ltd, Speyside Business Centre, Dalfaber Industrial  Estate, Aviemore, PH22 1ST per Lorna Murray, Solicitor, 45 Culduthel Road, Inverness, IV2 4HQ
Premises:  Highland Home Centre, Unit 18, Speyside Business Centre, Dalfaber Industrial Estate, Aviemore, PH22 1ST
Type:  On and Off Sales

There is circulated Report No HLB/110/16 by the Clerk.

8.2  Ref: HC/INBS/600
Applicant:  One One Two on The Brae Ltd, 112 High Street, Nairn, IV12 4DE
Premises:  Café One One Two, 112 High Street, Nairn, IV12 4DE  
Type:  On and Off Sales

There is circulated Report No HLB/111/16 by the Clerk.

8.3  Ref: HC/INBS/601
Applicant: The Malt Room Bars Limited, 1Marbaix Gardens, Isleworth, London, TW7 4FD
Premises:  The Malt Room, 34 Church Street, Inverness, IV1 1EH
Type:  On Sales

There is circulated Report No HLB/112/16 by the Clerk.

8.4  Ref: HC/RSL/1796
Applicant: David Smillie
Premises:  141B High Street, Fort William, PH33 6EA
Type:  On Sales

There is circulated Report No HLB/113/16 by the Clerk.

9.  Licensing (Scotland) Act 2005
Application for variation (major) to provisional premises licences
Achd Ceadachd (Alba) 2005
Iarrtasan airson caochladh (mòr) a thaobh ceadachdan thogalaichean

9.1  Ref: HC/CSR/1725
Applicant:  Co-operative Group Food Limited per Hill Brown, Licensing RWF House, 5 Renfield Street, Glasgow
Premises:  The Co-operative Food, School Road, Conon Bridge
Type:  Off Sales

Variation:

1. Increase alcohol display capacity from 23m2 to 32.714m2.

There is circulated Report No HLB/114/16 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/CSR/1408
Applicant:  Alness Golf Club
Premises:  Alness Golf Club, Ardross Road, Alness
Type:  On Sales

Variation:

1. Increase on-sales licensed hours Monday to Thursday and Saturday and Sunday to terminate at 0100 hrs the following day and, on a Saturday to commence at 1000 hrs.
2. Add off-sales with hours of 1100 hrs to 2200 hrs Monday to Friday and 1000 hrs to 2200 hrs on Saturday and Sunday.
3. Add a seasonal variation to take advantage of any extended hours approved by the Board over the festive period.
4. To the list of activities and services to be provided during and outwith core hours add restaurant facilities, receptions, music and dance and that the premises may be open prior to commencement of licensed hours and remove gaming outwith core hours.
5. To other activities and services during and outwith core hours add charity and fundraising events and fitness training.
6. Amend children and young persons’ policy in accordance with Board policy.
7. Amend the description of the premises to show that the Club will not operate as a club in terms of the Licensing (Scotland) Act 2005.

There is circulated Report No HLB/115/16 by the Clerk.

10.2  Ref:  HC/CSR/0595
Applicant:  Highland Travel Inns Limited per Lorna Murray, Solicitor, 45 Culduthel Road, Inverness
Premises:  Ferry Inn, Scrabster, Thurso
Type:  On and Off Sales

Variation:

1. Change name of premises to The Ferry Inn Hotel.
2. Change the description of the premises.
3. Change licensed hours on a Saturday to commence at 1000 hrs and terminate at 0100 hrs the following day. 
4. Add a seasonal variation to take advantage of any period of extended hours agreed by the Board over the festive period and other extensions.
5. Add take-away meals to the list of activities.

There is circulated Report No HLB/116/16 by the Clerk.

10.3  Ref:  HC/CSR/0706
Applicant:  Diageo Scotland Limited per Morton Fraser, Quartermile Two, 2 Lister Square, Edinburgh
Premises:  Glen Ord Distillery Visitor Centre, Muir of Ord
Type:  Off Sales

Variation:

1. Change to allow sale of alcohol both on and off-sales on the premises.
2. Add on-sales hours 1000 and 2400 hrs daily
3. Inclusion of restaurant facilities, conference facilities, receptions, club meetings and recorded music outwith core hours.
4. Inclusion of recorded music, live performances, theatre and film as permitted activities.
5. Change wording at 5(f) re other activities to simplify and set out other permitted activities.
6. Inclusion of provisions to set out basis for admission of children and young persons.
7. Amend capacity entry
8. Add off-sales hours on a Sunday to commence at 1000 hrs and terminate at 2200 hrs.
9. Amended layout to staff shop.
10. Inclusion of a function room area.
11. Licensed foot print extended to cover the whole visitor centre.
12. Delete existing premises description and substitute a new description to following variation to the licence. 

There is circulated Report No HLB/117/16 by the Clerk.

10.4  Ref: HC/INBS.191
Applicant:  The Restaurant Group (UK) Limited, 5-7 Marshalsea Road, London, SE1 1EP per Pinsent Masons LLP, Solicitors, 141 Bothwell Street, Glasgow, G2 7EQ
Premises:  The Filling Station, 8-10 Academy Street, Inverness, IV1 1JT
Type: On Sales

Variation:

1. On Sales Sunday opening hour to commence at 1100 hours and terminate at 2400 hours.
2. Add Off Sales Monday-Sunday:  1000-2200 hours
3. Add ‘and club meetings’ where activities are also to be provide outwith core licensed hours.
4. Add ‘takeaway’ under ‘other activities’.
5. Change “Challenge 21” to “Challenge 25” under 6(b) Children and Young Persons Policy.
6. Add off sales capacity 0 M2.

There is circulated Report No HLB/118/16 by the Clerk.

11.  Surrender of premises licence
Gèilleadh ceadachd togalaich

11.1  Premises:   Farr Cottage Lodge, Corpach, Fort William, PH33 7LR
Licence Holder:  Cliff Johnson

The above Premises Licence has been surrendered in terms of Section 28(5)(f).

11.2  Premises:   Letterfinlay Lodge Hotel, Spean Bridge, PH34 4DZ
Licence Holder:   Premier Developments (Lochaber) Limited

The above Premises Licence ceased to have effect in terms of Section 28(1)(b).

11.3  Premises:   Papa Rock, 111 Grampian Road, Aviemore, PH22 1RH
Licence Holder:   Upland Developments Ltd

The above Premises Licence has been surrendered in terms of Section 28(5)(f).

11.4  Premises:   Levels Ltd, 26-28 Union Street, Inverness, IV1 1PX
Licence Holder:   Ali Raza Mohamed

The above Premises Licence has been surrendered in terms of Section 28(5)(f).

12.  The Gambling Act 2005
Achd na Cearrachd 2005

12.1  Application for gaming machine permit for 3 machines

Ref:  HC/INBS/285
Applicant: Greene King Retailing Ltd, Westgate Brewery, Bury St Edmunds, Suffolk, IP33 1QT
Premises: Auctioneers, 28 Church Street, Inverness, IV1 1EH

There is circulated Report No HLB/119/16 by the Clerk.

13.  Dates of Meetings in 2017
Cinn-latha Choinneamhan ann an 2017

The Committee is invited to note the following dates for 2017, as agreed at The Highland Council on 27 October 2016.  All meetings will take place in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness:-

6 January, 7 February, 28 March, 9 June, 2 August, 3 October, 1 November and 5 December.

Minute of the meeting of the Highland Licensing Board held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness, on Tuesday 6 December 2016 at 2.30pm.

Present:

Dr I Cockburn, Mr A Duffy, Mr C Fraser, Mr R Greene, Mr A Henderson (Items 10.4 to 13), Mrs L Macdonald and Ms M Smith.

In Attendance:

Ms S Blease, Clerk
Ms C McArthur, Solicitor–Regulatory Services
Mr D Inglis, Licensing Standards Officer
Ms A Macrae, Committee Administrator

Also In Attendance:

Sergeant B Gray, Police Scotland

Item 7.1:   Mr D and Mrs C Morrell, Applicant
Item 8.1:   Mrs L Murray, Solicitor for the Applicant
Item 8.3:   Mr M Macpherson, Applicant
Item 9.1:   Mrs L Murray, Solicitor for the Applicant
Item 10.1: Mr D Steel, representative for the Applicant
Item 10.2: Ms F Sinclair, Applicant and Mrs L Murray, Solicitor for the Applicant
Item 10.3: Mr Orr, Applicant and Mr D Hossack, Solicitor for the Applicant
Item 10.4: Mr S Gaik, Applicant and 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 W Mackay, Mrs G Sinclair and Mr J Stone.

2.  Declarations of Interest
Foillseachaidhean Com-pàirt

There were no declarations of interest.

3.  Confirmation of minutes
Dearbhadh a’ gheàrr-chunntais

There was submitted for confirmation as a correct record the minute of the meeting of the Highland Licensing Board held on 1 November 2016.

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/105/16 detailing licences which had  been granted under delegated powers by the Clerk to the Board during the period 19 October 2016 to 22 November 2016 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/106/16 detailing occasional licences and extended hours applications which had been granted under delegated powers by the Clerk to the Board during the period 19 October 2016 to 22 November 2016 and inviting the Board to note the report.

The Board NOTED the report.

6.  Consultation Draft Gambling Policy Statement
Dreachd Cho-chomhairle Aithris Poileasaidh Ceàrrachd

There had been circulated Report No HLB/107/16 by the Clerk detailing the consultation responses to the Consultation Draft Policy Statement set out in the Appendix and inviting the Board to agree the terms of its Policy Statement 2017-20 following consideration of these consultation responses.

The Board AGREED to the terms of its Policy Statement following consideration of the consultation responses.

7.  Licensing (Scotland) Act 2005
Applications for new premises licences
Achd na Ceadachd (Alba) 2005
Larrtas airson cheadachdan thogalaichean ura

7.1 Ref: HC/CSR/1797
Applicant: Carole Morrell
Premises: The Caberfeidh Hotel, Main Street, Golspie, KW10 6RA
Type: On and Off Sales

There had been circulated Report No HLB/108/16 by the Clerk which advised that a representation had been received from the Scottish Fire and Rescue Service in response to the application, details of which were provided at Appendix 1 to the report.

The Depute Clerk reported that confirmation had been received from the Scottish Fire and Rescue Service that their concerns in relation to the applicant’s duties under the Fire (Scotland) Act 2005 had now been addressed and therefore the Service had no further concerns or  representations in respect ofthe licence being granted.

The Board AGREED to grant the application subject to mandatory conditions, local conditions, special conditions and late opening premises conditions as set out at paragraphs 7.1 to 7.4 respectively of the report.

7.2 Ref: HC/CSR/1794
Applicant: Anna Lane Paterson
Premises: The Ship Inn, Shore Road, Invergordon
Type: On Sales

There had been circulated Report No HLB/109/16 by the Clerk which invited the Board to determine the application.

The Board AGREED to grant the application subject to mandatory conditions and local conditions as set out at paragraph 7.2 of the report.

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

8.1 Ref: HC/INBS/599
Applicant: Cairngorm Spas Ltd, Speyside Business Centre, Dalfaber Industrial Estate, Aviemore, PH22 1ST per Lorna Murray, Solicitor, 45 Culduthel Road, Inverness, IV2 4HQ
Premises: Highland Home Centre, Unit 18, Speyside Business Centre, Dalfaber Industrial Estate, Aviemore, PH22 1ST
Type: On and Off Sales

There had been circulated Report No HLB/110/16 by the Clerk which invited the Board to determine the application.

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

8.2 Ref: HC/INBS/600
Applicant: One One Two on The Brae Ltd, 112 High Street, Nairn, IV12 4DE
Premises: Café One One Two, 112 High Street, Nairn, IV12 4DE
Type: On and Off Sales

There had been circulated Report No HLB/111/16 by the Clerk which invited the Board to determine the application.

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

8.3 Ref: HC/INBS/601
Applicant: The Malt Room Bars Limited, 1 Marbaix Gardens, Isleworth, London, TW7 4FD
Premises: The Malt Room, 34 Church Street, Inverness, IV1 1EH
Type: On Sales

There had been circulated Report No HLB/112/16 by the Clerk which invited the Board to determine the application.

The Board AGREED to grant the application subject to mandatory conditions and local conditions as set out at paragraph 7.2 of the report.

8.4 Ref: HC/RSL/1796
Applicant: David Smillie
Premises: 141B High Street, Fort William, PH33 6EA
Type: On Sales

There had been circulated Report No HLB/113/16 by the Clerk which invited the Board to determine the application.

The Depute Clerk explained that discussions had been ongoing between the applicant and the Council’s Building Standards with regard to agreeing a capacity figure for incorporating within the operating plan, and confirmed this matter had now been resolved.

The Board AGREED to grant the application subject to mandatory conditions, local conditions, late opening conditions and special conditions as set out at paragraphs 7.1 to 7.4 respectively of the report.

9.  Licensing (Scotland) Act 2005
Application for variation (major) to provisional premises licences
Achd Ceadachd (Alba) 2005.
Iarrtasan airson caochladh (mòr) a thaobh ceadachdan thogalaichean

9.1 Ref: HC/CSR/1725
Applicant: Co-operative Group Food Limited per Hill Brown, Licensing RWF House, 5 Renfield Street, Glasgow
Premises: The Co-operative Food, School Road, Conon Bridge
Type: Off Sales

There had been circulated Report No HLB/114/16 by the Clerk which invited the Board to determine the application.

The Board AGREED to grant the application subject to 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/CSR/1408
Applicant: Alness Golf Club
Premises: Alness Golf Club, Ardross Road, Alness
Type: On Sales

There had been circulated Report No HLB/115/16 by the Clerk which invited the Board to determine the application.

The Board AGREED to grant the application subject to mandatory conditions, existing local conditions, additional local conditions and special conditions as set out at paragraphs 8.1 to 8.4 respectively of the report.

10.2 Ref: HC/CSR/0595
Applicant: Highland Travel Inns Limited per Lorna Murray, Solicitor, 45 Culduthel Road, Inverness
Premises: Ferry Inn, Scrabster, Thurso
Type: On and Off Sales

There had been circulated Report No HLB/116/16 by the Clerk which advised that a letter of representation dated 28 October 2016 had been received from Police Scotland on the basis the proposal to vary on-sales hours for Saturdays was outwith the Board’s policy in that the hours requested exceeded the 14 hour period of continuous trading.

Mrs L Murray the applicant’s solicitor, explained there was no overall increase in the total number of licensed hours being applied for on a Saturday, noting that the premises had operated its current licensing hours for a number of years, these having being granted by a previous District licensing board. She suggested that the hours enjoyed by the premises reflected its unique trading position, located next to Scrabster harbour and serving local residents, ferry passengers, tourists, fishermen and harbour staff. She also advised that the Licensing Standards Officer had confirmed in his report that approval of the application would not create a precedent, given the unique history of the premises and its location. It had also been demonstrated over a number of years that the premises could operate without complaint or detriment to the local area.  She confirmed that the applicant sought to amend the application to allow on-sales from 1015 hours on Saturdays and off-sales from 1000 hours on Sundays.

The Board AGREED  to grant the application (as amended by the applicant to allow on-sales from 1015 hours on Saturdays and off-sales from 1000 hours on Sundays) subject to mandatory conditions, existing local conditions, additional local conditions and special conditions as set out at paragraphs 8.1 to 8.3 respectively of the report.

10.3 Ref: HC/CSR/0706
Applicant: Diageo Scotland Limited per Morton Fraser, Quartermile Two, 2 Lister Square, Edinburgh
Premises: Glen Ord Distillery Visitor Centre, Muir of Ord
Type: Off Sales

There had been circulated Report No HLB/117/16 by the Clerk which invited the Board to determine the application.

The Licensing Standards Officer clarified that the capacity for the reconfigured and extended premises would be 48.34m² which appeared to be in excess of the Board’s policy on off-sales overprovision. However he explained that the premises contained both a visitor centre which was open to the general public and a staff shop which was accessible only to staff and had restricted opening hours. In terms of capacity, the split between the two areas was that the visitor centre extended to 36.74m² and the staff area extended to 11.6m².

Mr Hossack, the applicant’s solicitor, explained that the staff shop was open only to the Company’s current and retired employees, and was not visible to the public. The staff shop sold a range of the Company’s products, while the visitor centre primarily focused on Glen Ord and other whisky products.   

The Board AGREED to grant the application subject to mandatory conditions and local conditions as set out at paragraph 8.2 of the report.

10.4 Ref: HC/INBS.191
Applicant: The Restaurant Group (UK) Limited, 5-7 Marshalsea Road, London, SE1 1EP per Pinsent Masons LLP, Solicitors, 141 Bothwell Street, Glasgow, G2 7EQ
Premises: The Filling Station, 8-10 Academy Street, Inverness, IV1 1JT

There had been circulated Report No HLB/118/16 by the Clerk which invited the Board to determine the application.

The Board AGREED to grant the application subject to mandatory conditions and existing local conditions

11.  Surrender of premises licence
Gèilleadh ceadachd togalaich

11.1 Premises: Farr Cottage Lodge, Corpach, Fort William, PH33 7LR
Licence Holder: Cliff Johnson

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

11.2 Premises: Letterfinlay Lodge Hotel, Spean Bridge, PH34 4DZ
Licence Holder: Premier Developments (Lochaber) Limited

The Board NOTED the above Premises Licence ceased to have effect in terms of Section 28(1)(b).

11.3 Premises: Papa Rock, 111 Grampian Road, Aviemore, PH22 1RH
Licence Holder: Upland Developments Ltd

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

11.4 Premises: Levels Ltd, 26-28 Union Street, Inverness, IV1 1PX
Licence Holder: Ali Raza Mohamed

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

12.  The Gambling Act 2005
Achd na Cearrachd 2005

12.1    Application for gaming machine permit for 3 machines
Ref: HC/INBS/285
Applicant: Greene King Retailing Ltd, Westgate Brewery, Bury St Edmunds, Suffolk, IP33 1QT
Premises: Auctioneers, 28 Church Street, Inverness, IV1 1EH

There had been circulated Report No HLB/119/16 by the Clerk which invited the Board to determine an application in respect of the above premises for a permit for the provision of a total of 3 category C machines.

The Board AGREED to grant the application.

13.  Dates of Meetings in 2017
Cinn-latha Choinneamhan ann an 2017

The Committee NOTED the following dates for 2017, as agreed at The Highland Council on 27 October 2016, and that all meetings would take place in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness:-

6 January, 7 February, 28 March, 9 June, 2 August, 3 October, 1 November and 5 December.

The meeting ended at 2.50pm.