6 January 2017: Highland Licensing Board

Agenda

Read the Agenda

A meeting of the Highland Licensing Board will take place in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Friday, 6 January 2017 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 6 December 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/001/17 detailing Licences which have been granted under delegated powers by the Clerk to the Board during the period 23 November 2016 to 13 December 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/002/17 detailing occasional licences and extended hours applications which have been granted under delegated powers by the Clerk to the Board during the period 23 November 2016 to 13 December 2016 and inviting the Board to note the report.

6. Review proposal – non-payment of annual premises licence fees
Moladh ath-sgrùdaidh – neo-phàigheadh chìsean ceadachd togalaich bliadhnail

There is circulated Report No HLB/003/17 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/CSR/1798
Applicant: Carnegie Whisky Cellars Ltd, per Elizabeth Johnson
Premises: Carnegie Whisky Cellars, The Carnegie Courthouse, Castle Street, Dornoch, IV25 3SD
Type: On and Off Sales

There is circulated Report No HLB/004/17 by the Clerk.

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

8.1 Ref: HC/RSL/1746
Applicant : Aldi Stores Ltd, Holly Lane, Atherstone, Warwickshire per TLT LLP, 140 West George Street, Glasgow, G2 2HG
Premises: Aldi (New Store), Unit A, Fort William Retail Park, North Road, Fort William
Type: Off-sales

Variation:

Increase alcohol display capacity from 24.75 sq m to 31.5945 sq m.
Minor alterations to layout plan.

There is circulated Report No HLB/005/17 by the Clerk.

8.2 Ref: HC/INBS/583
Applicant : Black Isle Brewing Co Ltd, Taeblair, Munlochy, Ross-shire, IV8 8NZ per Lorna Murray, Solicitor, 45 Culduthel Road, Inverness, IV2 4HQ
Premises: Black Isle Bar, 68 and 68A Church Street, Inverness, IV1 1EN
Type: On and Off Sales

Variation:

Variation applied for to allow the outside drinking area (the roof garden) of the premises to remain open until 2400 hrs daily. No music will be played in the roof garden.
Capacity to be increased to 154.
The layout of the premises has been altered to a material extent since the grant of the provisional premises licence (see plans which accompany this application).

There is circulated Report No HLB/006/17 (pp 37 - 40) by the Clerk.

8.3 Ref: HC/INBS/594
Applicant : The Restaurant Group (UK) Limited, 5-7 Marshalsea Road, London, SE1 1EP per Pincent Masons, Solicitors, 141 Bothwell Street, Glasgow, G2 7EQ
Premises: Frankie and Benny’s, Unit 3Ai, Inverness Shopping Park, Eastfield Way, Inverness, IV2 7GD
Type: On Sales

Variation:

Q5 (further details box) – para 2 line 1, after the words “retirements, etc.,” add “Club or Other Group Meetings”.
Q7 – increase in capacity from 152 to 181.
Reconfiguration of internal seating and addition of external covers as per Drawing No. 20_07_07F.

There is circulated Report No HLB/007/17 by the Clerk.

9. Licensing (Scotland) Act 2005
Applications for variation (major) to premises licences
Achd Ceadachd (Alba) 2005
Iarrtasan airson Caochladh (Mòr) a thaobh ceadachdan thogalaichean

9.1 Ref: HC/INBS/304
Applicant: Grantown on Spey Golf Club, Golf Course Road, Grantown on Spey, PH26 2HY
Premises: The Club House, Golf Course Road, Grantown on Spey, PH26 2HY
Type: On and Off Sales

Variation:

1. Amend description to allow members of the public access to read:

"Grantown on Spey Golf Club is a single storey building, comprising a lounge area with bar, dining area and ladies and gentlemen locker rooms with toilet facilities. Ostensibly the premises operate as a members club but the premises can be made available for use by the public and not operate as a members club and in particular, alcohol may be supplied otherwise than to club members and their guests. The entire course is included in the licensed area, as to allow flexibility for Alcohol trailers to sponsor events of particular holes. A tee hut facility is situated at the 7th tee and may on occasions, be used to dispense refreshments inclusive of alcohol."

2. Include the entirety of the golf course within the licensed area to allow temporary bar facilities for competitions and the like for players.

3. Amend seasonal variations to allow ability to operate festive extensions.

4. Add 'take away' meals to section 5(f).

5. Add the activity of "gaming" to Section 5 of the operating plan to all charity "race" or "casino nights".

6. Add outdoor drinking facilities.

7. Amend capacity of Club House to 120.

8. Change the text of Children’s Policy.

There is circulated Report No HLB/008/17 by the Clerk.

10. Application for personal licence
Iarrtas airson ceadachd phearsanta

10.1 Applicant: Stuart John Dunning, 15 Towerhill Place, Inverness, IV2 5FN [report removed from web version in compliance with Data Protection Act 1998]

There is circulated Report No HLB/009/17 by the Clerk.

11. Surrender of premises licence
Gèilleadh ceadachd togalaich

11.1 Premises: The Waverley Restaurant, Main Street, Kyle of Lochalsh
Licence Holder: Anna C A M Carins

11.2 Premises: Ed’s Diner, Unit 29 Eastgate Centre, Inverness
Licence Holder: Ed’s Easy Diner Group Ltd

11.3 Premises: Cafe Sixty Six Ltd, 66 High Street, Alness
Licence Holder: Bruce K Graham

11.4 Premises: Key Store Express, 33 Bridge Street, Wick
Licence Holder: Younes Amin

11.5 Premises: Glendale House, 20 South Erradale, Gairloch
Licence Holder: Lynne Wall

11.6 Premises: SER Supplies, 131-133 High Street, Invergordon
Licence Holder: SER Supplies Ltd

11.7 Premises: Morven House Guest House, 70 Novar Road, Alness
Licence Holder: M and J Quinney t/a Morven House Guesthouse

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

Minutes

Read the Minutes

Minute of the meeting of the Highland Licensing Board held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness, on Friday 6 January 2017 at 1.00pm.

Present:

Dr I Cockburn, Mr A Duffy, Mr R Greene, Mr A Henderson, Mrs L Macdonald, Mrs G Sinclair, Ms M Smith and Mr J Stone.

In Attendance:

Ms S Blease, Clerk
Ms C McArthur, Depute Clerk
Mr I Cox, Licensing Standards Officer
Ms A Macrae, Committee Administrator

Also In Attendance:

Sergeant R Ross, Police Scotland

Item 7.1: Mr M Johnson and Mrs E Johnson, Applicants
Item 8.1: Mr G Thomson, Applicant and M McDougall, Solicitor for the Applicant
Item 8.2: Mrs L Murray, Solicitor for the Applicant
Item 8.3: 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 C Fraser and Mr W Mackay.

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 6 December 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/001/17 detailing licences which had been granted under delegated powers by the Clerk to the Board during the period 23 November 2016 to 13 December 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/002/17 detailing occasional licences and extended hours applications which had been granted under delegated powers by the Clerk to the Board during the period 23 November 2016 to 13 December 2016 and inviting the Board to note the report.

The Board NOTED the report.

6. 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/003/17 by the Clerk which related to the non-payment of the annual premises licence fees for the period 1 October 2016 to 30 September 2017.

The Depute Clerk provided an update on the report during which she indicated that payment had been received in respect of a number of premises and that one premises licence had been surrendered. She confirmed that an update was still awaited from the finance department but as is stood the following premises had had not paid their annual fee as at 6 January 2016:-

Mackinnon Country House Hotel;
The Forsinard Hotel;
The Anderson, Union Street, Fortrose;
Highland Groceries, Great North Road, Muir of Ord;
Picture House, High Street, Dingwall;
Indian Ocean, 64-66 Academy Street, Inverness;
Maple Court Hotel, 12 Ness Walk, Inverness;
Loch Ness Caravan Park, Easter Port Clair, Invermoriston;
Aviemore News, Unit 1, Myrtlefield Centre, Grampian Road, Aviemore

The Depute Clerk invited the Board to make review proposals in respect of those premises which had not paid their annual fee with a view to holding review hearings at the next meeting of the Board unless payment was received in the interim.

Thereafter, the Board AGREED to make a review proposal for those premises which had not paid their annual fee and to hold review hearings at the next meeting of the Board on 7 February 2016.

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

7.1 Ref: HC/CSR/1798
Applicant: Carnegie Whisky Cellars Ltd, per Elizabeth Johnson
Premises: Carnegie Whisky Cellars, The Carnegie Courthouse, Castle Street, Dornoch, IV25 3SD
Type: On and Off Sales

There had been circulated Report No HLB/004/17 by the Clerk which invited the Board to determine the application.

The Board AGREED to grant the application subject to mandatory conditions and the special conditions set out at 7.3 of the report.

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

8.1 Ref: HC/RSL/1746
Applicant : Aldi Stores Ltd, Holly Lane, Atherstone, Warwickshire per TLT LLP, 140 West George Street, Glasgow, G2 2HG
Premises: Aldi (New Store), Unit A, Fort William Retail Park, North Road, Fort William
Type: Off-sales

There had been circulated Report No HLB/005/17 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/583
Applicant : Black Isle Brewing Co Ltd, Taeblair, Munlochy, Ross-shire, IV8 8NZ per Lorna Murray, Solicitor, 45 Culduthel Road, Inverness, IV2 4HQ
Premises: Black Isle Bar, 68 and 68A Church Street, Inverness, IV1 1EN
Type: On and Off Sales

There had been circulated Report No HLB/006/17 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 and the special condition set out at 7.3 of the report.

8.3 Ref: HC/INBS/594
Applicant : The Restaurant Group (UK) Limited, 5-7 Marshalsea Road, London, SE1 1EP per Pincent Masons, Solicitors, 141 Bothwell Street, Glasgow, G2 7EQ
Premises: Frankie and Benny’s, Unit 3Ai, Inverness Shopping Park, Eastfield Way, Inverness, IV2 7GD
Type: On Sales seating and addition of external covers as per Drawing No. 20_07_07F.

There had been circulated Report No HLB/007/17 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.

9. Licensing (Scotland) Act 2005
Applications for variation (major) to premises licences
Achd Ceadachd (Alba) 2005
Iarrtasan airson Caochladh (Mòr) a thaobh ceadachdan thogalaichean

9.1 Ref: HC/INBS/304
Applicant: Grantown on Spey Golf Club, Golf Course Road, Grantown on Spey
Premises: The Club House, Golf Course Road, Grantown on Spey
Type: On and Off Sales

There had been circulated Report No HLB/008/17 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 and the special conditions set out at 7.3 of the report.

10. Application for personal licence
Iarrtas airson ceadachd phearsanta

10.1 Applicant: Stuart John Dunning, 15 Towerhill Place, Inverness

There had been circulated Report No HLB/009/17 by the Clerk which advised that notification had been received from Police Scotland under Section 72 of the Licensing (Scotland) Act 2005 that the applicant, Mr S Dunning, had been convicted of relevant offences, details of which he had failed to declare on his application form.

The Depute Clerk confirmed the applicant was not present at the meeting.

The Board then heard from Sergeant R Ross in relation to Police Scotland’s objection and recommendation that the application should be refused for the purposes of the licensing objectives of preventing crime and disorder and securing public safety.

In discussion, Members expressed the view that having regard to the applicant’s previous convictions for assault, the application should be refused for the purposes of the above licensing objectives.

Thereafter, the Board AGREED to refuse the application for a personal licence on the grounds that it was satisfied that it was necessary to do so for the purposes of the following licensing objectives: preventing crime and disorder and securing public safety.