Agendas, reports and minutes

Highland Licensing Board

Date: Tuesday, 6 December 2016

Agenda: Read the Agenda

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.