28 March 2017: Highland Licensing Board

A meeting of the Highland Licensing Board will take place in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Tuesday, 28 March 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 7 February 2017.

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/019/17 detailing Licences which have been granted under delegated powers by the Clerk to the Board during the period 26 January 2017 to 15 March 2017 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/020/17 detailing occasional licences and extended hours applications which have been granted under delegated powers by the Clerk to the Board during the period 26 January 2017 to 15 March 2017 and inviting the Board to note the report.

6.  Election period arrangements
Leudachadh chumhachdan tiomnaichte

There is circulated Report No HLB/021/17 by the Clerk inviting the Board to note and agree arrangements for the conduct of licensing functions under the Licensing (Scotland) Act 2005 and the Gambling Act 2005 during the period 29 March 2017 to 8 June 2017.

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

7.1  Ref: HC/INBS/603
Applicant: Marston’s Operating Limited, per John Gaunt and Partners, Omega Court, 373-374 Cemetery Road, Sheffield, S11 8FT
Premises:  Marston’s, Land Opposite Asda, Sir Walter Drive, Slackbuie, Inverness, IV2 6BA
Type:  On Sales

There is circulated Report No HLB/022/17 by the Clerk.

7.2  Ref: HC/CSR/1809
Applicant: The Links House Limited, per Macleod and MacCallum, 28 Queensgate, Inverness, IV1 1DJ
Premises:  Glenshiel, Golf Road, Dornoch, IV25 3LW
Type:  On and Off Sales

There is circulated Report No HLB/023/17 by the Clerk.

7.3  Ref: HC/RSL/1814
Applicant: An Crubh Ltd
Premises:  An Crubh, Duisdale Beag, Isle Ornsay, Isle of Skye, IV43 8QU
Type:  On and Off Sales

There is circulated Report No HLB/024/17 by the Clerk.

7.4  Ref: HC/INBS/606
Applicant: Revolution Bars Ltd, per Brunton Miller, Herbert House, 22 Herbert Street, Glasgow, G20 6NB
Premises:  Revolution, 11-19 Church Street, Inverness, IV1 1DZ
Type:  On and Off Sales

There is circulated Report No HLB/025/17 by the Clerk.

7.5  Ref: HC/INBS/607
Applicant: Aldi Stores Limited, per TLT LLP, 140 West George Street, Glasgow, G2 2HG
Premises:  Aldi Stores Limited, Grampian Road, Aviemore, PH22 1RH
Type:  Off Sales

There is circulated Report No HLB/026/17 by the Clerk.

7.6  Ref: HC/INBS/604
Applicant: Bruce MacGregor, per Lorna Murray, 45 Culduthel Road, Inverness, IV2 4HQ
Premises:  MacGregors, 109-113 Academy Street, Inverness, IV1 1LX
Type:  On and Off Sales

There is circulated Report No HLB/027/17 by the Clerk.

7.7  Ref: HC/CSR/1812
Applicant: Crasi Ltd t/a An Teallach Ale Company
Premises:  An Teallach Ale Co Brewery Shop, 26 West Argyle Street, Ullapool
Type:  Off Sales

There is circulated Report No HLB/028/17 by the Clerk.

7.8  Ref: HC/CSR/1810
Applicant: Carol Sleith
Premises:  Caledonian House, Rooms and Bistro by the Sea, Main Street, Portmahomack
Type:  On and Off Sales

There is circulated Report No HLB/029/17 by the Clerk.

7.9  Ref: HC/RSL/1813
Applicant: Marks and Spencer Simply Food Limited, per Hill Brown Licensing, RWF House, 5 Renfield Street, Glasgow, G2 5EZ
Premises:  Marks and Spencer Simply Food, Unit 3, Fort William Retail Park, North Road, Fort William, PH33 6PP
Type:  On and Off Sales

There is circulated Report No HLB/030/17 by the Clerk.

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

8.1  Ref: HC/RSL/1811
Applicant: Isle of Skye Distillers Ltd
Premises: Isle of Skye Distillers Ltd, The Distillery, Hillfoot, Viewfield Road, Portree, Isle of Skye, IV51 9ES
Type: Off Sales

There is circulated Report No HLB/031/17 by the Clerk.

8.2  Ref: HC/INBS/605
Applicant: Ian Campbell Boyd
Premises: The Pagoda, Seafield Avenue, Grantown-on-Spey, PH26 3EF
Type: On and Off Sales

There is circulated Report No HLB/032/17 by the Clerk.

8.3  Ref: HC/CSR/1806
Applicant: Lynne D M Read
Premises: Auld Post Office B and B, Spittal
Type: On Sales

There is circulated Report No HLB/033/17 by the Clerk.

8.4  Ref: HC/CSR/1815
Applicant: JS and TT Ltd
Premises:  JS and TT Limited t/a Jim Bews, 10 Olrig Street, Thurso
Type:  Off Sales

There is circulated Report No HLB/034/17 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/RSL/1656
Applicant : John Mann per Inn Business Scotland Ltd, Forsyth House, Lomond Court, Castle Business Park, Stirling, FK9 4UU  
Premises:  The Corran (formerly The Corran Inn), Onich, Fort William, PH33 6SE
Type:  On and Off-sales

Variation:

1. The Provisional Premises Licence period is due to expire on 13 May 2017 and completion of the premises is imminent however an extension of one year of the Provisional Licence is sought as a precautionary measure;
2. Revise activities within Operating Plan to include Accommodation;
3. Within other activities detailed in the Operating Plan, substitute “Terraced” area with “Decking” area;
4. Variation to Layout Plan – to include five self-contained bedroom suites (2 x self-contained units on the ground floor and 3 x self-contained units on the first floor which may be accessed via an external staircase on the south elevation of the premises); revised internal layout on both the ground and first floors and an outdoor drinking area to be located at the front of the premises;
5. Revision to Children’s policy to reflect revised layout;
6. Change name of Premises to “The Corran”, formerly known as “The Corran Inn”.

There is circulated Report No HLB/035/17 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/RSL/0775
Applicant:  Wickman Hotels Ltd
Premises:  Cuillin Hills Hotel, Portree, Isle of Skye, IV51 9QU
Type:  On Sales and Off Sales

Variation:

1. Delete existing seasonal variation for New Year and substitute with a standard seasonal variation to permitted extended hours of the festive period.
2. Increase on sales hours Saturday to Thursday to terminate at 0100 hours the following day and, on a Sunday, to commence at 1100 hours.
3. Change the layout of the premises to reduce the size of the restaurant and create 4 additional bedrooms and amend the description of the premises to show a total of 34 letting bedrooms.

There is circulated Report No HLB/036/17 by the Clerk.

10.2  Ref:  HC/RSL/0821
Applicant:  Praban Na Linne Ltd
Premises:  Praban Na Linne Ltd, Eilean Iarmain, Isle of Skye, IV43 8QR
Type:  Off Sales

Variation:

1. Add on sales during operating hours of 1000 hours to 2200 hours daily.
2. To other activities and services add “on sales of alcohol is restricted to paid-for tasting and samplings only”.
3. Add terms of entry for children and young persons as a consequence of on sales being permitted on the premises.

There is circulated Report No HLB/037/17 by the Clerk.

10.3  Ref:  HC/RSL/1320
Applicant:  Jonathan Tully
Premises:  Fasgadh Stores, Dunvegan, Isle of Skye, IV55 8WA
Type:  Off sales

 Variation:

1. Increase licensed hours on a Sunday to commence at 1000 hours.

There is circulated Report No HLB/038/17 by the Clerk.

10.4  Ref:  HC/INBS/95
Applicant:  The Cairngorm Brewery Company
Premises:  Cairngorm Brewery, Unit 12, Dalfaber Industrial Estate, Aviemore, PH22 1ST
Type:  On and Off Sales

Variation:

1.  Change operating plan to sell alcohol on and off the premises.

2.  Core Off Sales hours amended to 10.00 -22.00 hrs Monday to Saturday and 12.30-22.00 hrs on Sunday.

3.  Core On Sales hours amended to 11.00-22.00 hrs Monday to Saturday and 12.30-22.00 hrs on Sunday.  This will not be frequent but feel it is necessary to have this option, to enable us to offer a more attractive tour package to customers as we are receiving enquiries for private tour packages outwith the current operating hours.

4.  The carpark and hardstanding area is to be included on the layout plan.

5.  Description of the premises to be amended to read:  'The premises operate as an on and off sales facility for visitors to the brewery in which it is housed, both are contained in an industrial style building on an industrial estate on the outskirts of Aviemore.

On sales would only be part of a tour package.'

6.  Seasonal variation terminal hour to be 18.00 hrs rather than 17.00 hrs unless there is an evening tour booking.

7.  Outdoor drinking facility to be added to the operating plan.

8.  5(f) Private Group bookings on the same basis.

9.  Children to be admitted as follows:

'6(b)  Children and young persons between the ages of 8 and 18 will be permitted on tours if they are accompanied by an adult but they will not be allowed to partake in any tastings of alcohol.

6(c)  See above.

6(d)  As per core on sale and off sale times.

6(e)  N/A.'

10.  Capacity of premises - 25 persons per tour.

There is circulated Report No HLB/039/17 by the Clerk.

10.5  Ref:  HC/CSER/0831
Applicant:  Skelbo Global Ventures Ltd, c/o Leigh Saxon Green LLP, Mutual House, 70 Conduit Street, London
Premises:  Dornoch Stores, 12 Castle Street, Dornoch, IV25 3SN
Type:  Off Sales

 Variation:

1. Increase the licensed hours to terminate at 2100 hrs on any day.
2. Remove Gaming as an activity or service.
3. Increase capacity from 3.15 m² to 13.2 m².
4. Remove seasonal variation to permit year round trading.
5. Refurbishment of premises and relocation of alcohol display area.
6. Amend description of premises to “Single storey food store with capacity for hardware items and gifts on a corner site of a terraced block on Castle Street, Dornoch.

There is circulated Report No HLB/040/17 by the Clerk.

10.6  Ref:  HC/CSR/1498
Applicant:  Emma Davies
Premises:  Eilean Dubh Restaurant, 18 High Street, Fortrose
Type:  On Sales

Variation:

1. Increase licensed hours to 1100 hrs to 0100 hrs the following day on each day.
2. Add off-sales 1000 hrs to 2200 hrs daily.
3. Add an outdoor drinking area.
4. Remove existing seasonal variation and add a new seasonal variation for extended hours during any date or period agreed in terms of Board policy.
5. Increase capacity to 60 persons and add an accessible alcohol capacity of 2 m²
6. To list of services and activities during and outwith core hours add: live performances, dance facilities, theatre, films, gaming and televised sport.
7. Change name of premises to IV10.
8. Internal alterations to create a service/delicatessen counter and add a small extension capable of accommodating an additional 16 customers.
9. Amend description of premises to reflect its new business model as a café bar and delicatessen with a service counter. Alcohol sales will not be restricted to persons   taking a table meal on the premises.

There is circulated Report No HLB/041/17 by the Clerk.

10.7  Ref:  HC/CSR/0559
Applicant:  Greene King Retailing Limited per TLT, 140 West George Street, Glasgow, G2 2HG
Premises:  The Mallard, Station Square, Dingwall
Type:  On and Off Sales

Variation:

1. Increase licensed hours to terminate at 0300 hrs the following day for hours commencing on a Friday and a Saturday
2. To the list of activities add dance facilities during core hours. 
3. To the list of other activities add live bands, singers, disco and dancing, DJ, cabaret, party nights, charity and other community events, quiz nights, dominoes or other social activities and the like.

There is circulated Report No HLB/042/17 by the Clerk.

10.8  Ref:  HC/CSR/1643
Applicant:  Viewfirth Hotels Ltd
Premises:  Novar Arms Hotel, Balconie Street, Evanton
Type:  On Sales

 Variation:

1. Increase on-sales licensed hours on a Sunday to commence at 1100 hrs and terminate at 0100 hrs the following day.
2. Add off-sales as a permissible activity during the hours of 1000 hrs to 2200 hrs each day of the week.
3. Amendment to the layout of the premises to include an outdoor drinking area at the front of the premises.
4. Amendment to the list of activities provided to include outdoor drinking during and outwith core hours and to permit, where appropriate, other activities outwith core hours.
5. Change premises manager to Ralph Mercer

There is circulated Report No HLB/043/17 by the Clerk.

10.9  Ref:  HC/RSL/1645
Applicant:  Roger Niemeyer
Premises:  Glencoe House, Glencoe, PH49 4HT
Type:  On Sales

Variation:

1. Variation to layout plan – extend the footprint of the premises to include separate building known as The Bell Tower (former Stable Block) which will comprise of six new guest suites.
2. Revise description of the premises to reflect additional six guest suites.

There is circulated Report No HLB/044/17 by the Clerk.

10.10  Ref:  HC/RSL/0462
Applicant:  The McLean Pension Trust, per Twindeer Law, Ben Nevis Auction Mart, Torlundy, Fort William, PH33 6SQ
Premises:  4 Cameron Square, Fort William, PH33 6AJ
Type:  On and Off Sales

Variation:

1. Increase capacity of premises to 100 persons (currently 45 persons).
2. Increase on and off-sale operating hours on Sundays to commence at 1200 hours (currently 1230 hours).

There is circulated Report No HLB/045/17 by the Clerk.

13.  Surrender of premises licence
Gèilleadh ceadachd togalaich

13.1  Premises:  The Dower House, Highfield, Muir of Ord
Licence Holder:  Aitchison Hotels Ltd

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

Minute of the meeting of the Highland Licensing Board held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness, Tuesday 28 March 2017 at 1.00pm.

Present:

Dr I Cockburn, Mr A Duffy, Mr R Greene, 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
Mr D Inglis, Licensing Standards Officer
Ms A Macrae, Committee Administrator

Also In Attendance:

Sergeant B Gray, Police Scotland
PC J Williamson, Police Scotland

Item 7.1: Ms R Newnes, Applicant and Mr J Gaunt, Solicitor for the Applicant
Item 7.4: Mr N Lowry, Applicant and Mr A Maciver, Solicitor for the Applicant
Item 7.5: Ms J Wachter, Applicant and Mr M Macdougall, Solicitor for the Applicant
Item 7.6: Mrs L Murray, Solicitor for the Applicant
Item 7.9: Mr K Russell, Applicant and Mrs L Murray, Solicitor for the Applicant
Item 8.2: Mr I Boyd, Applicant and Mr A Murray, Objector
Item 9.1: Mr J McLean, Applicant
Item 10.6: Ms E Davies, Applicant and Mr S Duncan, Objector
Item 10.7: Mr B Guthrie and Mr N Mackenzie, Applicants and Mr A Ness, Objector
Item 10.8: Mr R Mercer, Applicant     

Briefing on Protocol for Webcasting of Meetings

Dr I Cockburn in the Chair

The Convener advised the Board that the meeting would not be filmed and broadcast over the internet on the Highland Council as the webcast equipment was not working.

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 7 February 2017.

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/019/17 detailing Licences which have been granted under delegated powers by the Clerk to the Board during the period 26 January 2017 to 15 March 2017.

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/020/17 detailing occasional licences and extended hours applications which had been granted under delegated powers by the Clerk to the Board during the period 26 January 2017 to 15 March 2017.

The Board NOTED the report.

6.  Election period arrangements
Leudachadh chumhachdan tiomnaichte

There had been circulated Report No HLB/021/17 by the Clerk inviting the Board to consider and agree the arrangements for the conduct of licensing functions under the Licensing (Scotland) Act 2005 and the Gambling Act 2005 during the election period from 29 March 2017 to 8 June 2017.

The Board AGREED the election period arrangements as set out in the report.

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

7.1  Ref: HC/INBS/603
Applicant: Marston’s Operating Limited, per John Gaunt and Partners, Omega Court, 373-374 Cemetery Road, Sheffield, S11 8FT
Premises: Marston’s, Land Opposite Asda, Sir Walter Drive, Slackbuie, Inverness, IV2 6BA
Type: On Sales

There had been circulated Report No HLB/022/17 by the Clerk which invited the Board to determine the application.

The Board AGREED to to grant the provisional licence subject to mandatory conditions and the local and special conditions as set out in paragraphs 7.2 and 7.3 of the report respectively.

7.2  Ref: HC/CSR/1809
Applicant: The Links House Limited, per Macleod and MacCallum, 28 Queensgate, Inverness, IV1 1DJ
Premises: Glenshiel, Golf Road, Dornoch, IV25 3LW
Type: On and Off Sales

There had been circulated Report No HLB/023/17 by the Clerk which invited the Board to determine the application.

The Board AGREED to grant the provisional licence subject to mandatory conditions and the special conditions as set out in paragraph 7.3 of the report.

7.3  Ref: HC/RSL/1814
Applicant: An Crubh Ltd
Premises: An Crubh, Duisdale Beag, Isle Ornsay, Isle of Skye, IV43 8QU
Type: On and Off Sales

There had been circulated Report No HLB/024/17 by the Clerk which invited the Board to determine the application.

The Board AGREED to grant the provisional licence subject to mandatory conditions and the local and special conditions as set out in paragraphs 7.2 and 7.3 of the report respectively.

7.4  Ref: HC/INBS/606
Applicant: Revolution Bars Ltd, per Brunton Miller, Herbert House, 22 Herbert Street, Glasgow, G20 6NB
Premises: Revolution, 11-19 Church Street, Inverness, IV1 1DZ
Type: On and Off Sales

There had been circulated Report No HLB/025/17 by the Clerk which invited the Board to determine the application.

The Board AGREED to grant the provisional licence subject to mandatory conditions and the local and special conditions as set out in paragraphs 7.2 and 7.3 of the report respectively.

7.5  Ref: HC/INBS/607
Applicant: Aldi Stores Limited, per TLT LLP, 140 West George Street, Glasgow, G2 2HG
Premises: Aldi Stores Limited, Grampian Road, Aviemore, PH22 1RH
Type: Off Sales

There had been circulated Report No HLB/026/17 by the Clerk which invited the Board to determine the application.

The Board AGREED to grant the provisional licence subject to mandatory conditions only.

7.6  Ref: HC/INBS/604
Applicant: Bruce MacGregor, per Lorna Murray, 45 Culduthel Road, Inverness, IV2 4HQ
Premises: MacGregors, 109-113 Academy Street, Inverness, IV1 1LX
Type: On and Off Sales

There had been circulated Report No HLB/027/17 by the Clerk which invited the Board to determine the application.

The Board AGREED to grant the provisional licence subject to mandatory conditions and the local and special conditions as set out in paragraphs 7.2 and 7.3 of the report respectively.

7.7  Ref: HC/CSR/1812
Applicant: Crasi Ltd t/a An Teallach Ale Company
Premises: An Teallach Ale Co Brewery Shop, 26 West Argyle Street, Ullapool
Type: Off Sales

There had been circulated Report No HLB/028/17 by the Clerk which invited the Board to determine the application.

The Board AGREED to grant the provisional licence subject to mandatory conditions only.

7.8  Ref: HC/CSR/1810
Applicant: Carol Sleith
Premises: Caledonian House, Rooms and Bistro by the Sea, Main Street, Portmahomack
Type: On and Off Sales

There had been circulated Report No HLB/029/17 by the Clerk which advised that a timeous representation to the application had been received from Tarbat Community Council.

The Depute Clerk confirmed that neither the applicant nor a representative from Tarbat Community Council were present at the meeting. 

The Licensing Standards Officer explained that he understood Tarbat Community Council would prefer if the use of the outdoor drinking area was restricted to 2100 hrs. He also confirmed that he had received an email from the applicant, which explained that she was unable to attend the meeting and reiterated her request that use of the outdoor drinking area be permitted up until 2200 hrs.

In discussion, Members expressed the view that use of the outdoor drinking area should be permitted up until 2200 hrs. It was suggested that this was an excellent waterfront location and would offer an attractive feature of the village for tourists. In addition, it was suggested that the trend was for patrons to go out later in the evening and therefore a 2200 hrs curfew was reasonable. In addition, if any issues arose from the use of this area then the matter could be brought back to the Board for consideration.

The Board AGREED to grant the provisional licence subject to mandatory conditions and the local and special conditions as set out in paragraphs 7.2 and 7.3 of the report respectively.

7.9  Ref: HC/RSL/1813
Applicant: Marks and Spencer Simply Food Limited, per Hill Brown Licensing, RWF House, 5 Renfield Street, Glasgow, G2 5EZ
Premises: Marks and Spencer Simply Food, Unit 3, Fort William Retail Park, North Road, Fort William, PH33 6PP
Type: On and Off Sales

There had been circulated Report No HLB/030/17 by the Clerk which invited the Board to determine the application.

The Board AGREED to grant the provisional licence subject to mandatory conditions only.

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

8.1 Ref: HC/RSL/1811
Applicant: Isle of Skye Distillers Ltd
Premises: Isle of Skye Distillers Ltd, The Distillery, Hillfoot, Viewfield Road, Portree, Isle of Skye, IV51 9ES
Type: Off Sales

There had been circulated Report No HLB/031/17 by the Clerk which invited the Board to determine the application.

The Board AGREED to grant the premises licence subject to mandatory conditions and the special conditions as set out in paragraph 7.3 of the report.

8.2 Ref: HC/INBS/605
Applicant: Ian Campbell Boyd
Premises: The Pagoda, Seafield Avenue, Grantown-on-Spey, PH26 3EF
Type: On and Off Sales

There had been circulated Report No HLB/032/17 by the Clerk which advised that timeous objections/representations to the application had been received from Kenneth Pirie, Gordon Bulloch, Alex Murray, Alistair Longworth, and Lynette and Colin Goodwin.

Mr I Boyd, the applicant, spoke in support of his application. He advised that the premises was ostensibly a venue for hosting private and community events, details of which he provided. He explained that a wide range of events had already been run under occasional licences and there had been no issues arising.  He provided further details of these events. He emphasised that the premises would not be operated as a pub or a nightclub, and the off sales element of the application was being sought to provide for trade fairs and wine/whisky/gin tasting events to be held at the venue. He advised that the building was virtually soundproof, and that planning permission granted for the premises included a condition which restricted the opening hours to 2300 hrs each night. He advised that the bar was generally closed at 2230 hrs to ensure all patrons had exited the premises by the terminal hour.   He further explained that the external lighting was switched on from dusk to the terminal hour and the premises benefited from CCTV coverage inside and out, providing a safe and secure environment for customers, including children.

In response to a question, the Licensing Standards Officer circulated a copy of the location plan for the premises which showed its proximity to other residences in the area.    

Mr A Murray, objector, advised that his property had a shared boundary with the premises. He expressed concern at the fact he had not received a neighbour notification, and had only become aware of the application by chance through another neighbour who had been notified. In addition and on checking the Council’s website and contacting the Licensing Standards Officer’s office, he had been advised that the application was available for viewing at the local Service Point. However, when he had visited the Service Point the application had not been available, and in response the Licensing Standards Officer had arranged to meet him the next day with all the relevant paperwork. He requested that this issue be investigated and all the neighbours contacted with an apology and an explanation of how the error occurred and measures to be taken to avoid any recurrence of this in the future. 

Thereafter, Mr Murray referred to his objection and in particular requested that the terminal hour of the application be amended to 2230 hrs so that there was no chance of an overrun beyond 2300 hrs, which had been imposed as a condition of planning permission. He advised that he was supportive of the approach that off sales be restricted to those attending formal tasting events, and requested that this be included in either the operating plan or the recommended special conditions to be attached to the grant of a licence.  Mr Murray also sought clarification on the exact location of the outdoor drinking area on the basis the Board and objectors should have sight of this prior to a decision being taken on the application. In conclusion, he confirmed that there had been no issues arising in respect of the licensed or unlicensed operation of the premises to date.

In response, Mr Boyd advised that if the terminal hour was amended to 2230 hrs then it would be necessary to close the bar at 2200 hrs, which may impact on the viability of the premises. The income generated by the bar was an important element in the ability to grow the business going forward. With regard to the off sales element, alcohol could be purchased at a nearby local store at a much cheaper price and therefore it was not anticipated there would be demand for off sales. Mr Boyd advised that the inclusion of an outdoor drinking area in the application was to cater for specific events such as weddings. He concluded by stating that the premises was operated in a careful manner and that there had been no complaints received in respect of the operation of the premises under occasional licences or the adjacent holiday let to date.  He also advised the building was fitted to a high standard.

The Licensing Standards Officer accepted that the initial round of neighbour notifications in respect of the application had not been carried out correctly, the required measurement having been taken from the premises rather than the boundary of the premises. He advised that the error had been corrected by the issue of new neighbour notifications, and the neighbours had all received the full statutory notification period in which to respond to the application. He apologised for the error and advised he had sought to redress the matter by meeting with local residents on two occasions in February 2017, on the second of which the applicant had also attended.

Thereafter, the Licensing Standards Officer advised that the use of the outdoor drinking area had been included as a recommended condition if the Board was minded to grant the licence. He advised that the operation of the premises to date had complied with the licensing objectives, and that he considered the recommended local and specific conditions were an effective and proportionate way of safeguarding the licensing objectives in the interests of the residents, and allowing the applicants to operate in an effective manner.

Following on from the above, the Licensing Standards Officer circulated the layout plan for the premises to all parties which showed the location of the outside drinking area within the curtilage of the property.

In discussion, Members commented that the premises were well run and provided an excellent facility for the community, reference being made to the range and type of events which had been held at the venue. In regard to the outdoor drinking area, the external door would lead patrons to the side of the building, and away from the local residences. It was also suggested there was a demand for this type of community events facility in the area.  In addition, the Board did not have the power to impose a condition in relation to the type of off sales permitted, and that the terminal hour being sought of 2300 hrs was reasonable for this type of licensed operation.

The Board AGREED to grant the premises licence subject to mandatory conditions and the local and special conditions as set out in paragraphs 7.2 and 7.3 respectively of the report.

8.3 Ref: HC/CSR/1806
Applicant: Lynne D M Read
Premises: Auld Post Office B and B, Spittal
Type: On Sales

There had been circulated Report No HLB/033/17 by the Clerk which invited the Board to determine the application.

The Board AGREED to grant the premises licence subject to mandatory conditions and the special condition set out in paragraph 7.3 of the report.

8.4 Ref: HC/CSR/1815
Applicant: JS and TT Ltd
Premises: JS and TT Limited t/a Jim Bews, 10 Olrig Street, Thurso
Type: Off Sales

There had been circulated Report No HLB/034/17 by the Clerk which invited the Board to determine the application.

The Board AGREED to grant the premises licence subject to mandatory conditions only.

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/RSL/1656
Applicant : John Mann per Inn Business Scotland Ltd, Forsyth House, Lomond Court, Castle Business Park, Stirling, FK9 4UU
Premises: The Corran (formerly The Corran Inn), Onich, Fort William, PH33 6SE
Type: On and Off-sales

There had been circulated Report No HLB/035/17 by the Clerk which invited the Board to determine the application.

The Board AGREED to grant the major variation sought subject to mandatory conditions and existing local conditions with amendment to local condition A as set out in paragraph 7.2 of the report.

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/RSL/0775
Applicant: Wickman Hotels Ltd
Premises: Cuillin Hills Hotel, Portree, Isle of Skye, IV51 9QU
Type: On Sales and Off Sales

There had been circulated Report No HLB/036/17 by the Clerk which invited the Board to determine the application.

The Board AGREED to grant the major variation sought subject to mandatory conditions, existing local conditions and the additional local and special conditions as set out in paragraphs 8.2 and 8.3 respectively of the report.

10.2 Ref: HC/RSL/0821
Applicant: Praban Na Linne Ltd
Premises: Praban Na Linne Ltd, Eilean Iarmain, Isle of Skye, IV43 8QR
Type: Off Sales

There had been circulated Report No HLB/037/17 by the Clerk which invited the Board to determine the application.

The Board AGREED to grant the major variation sought subject to mandatory conditions and the special condition as set out in paragraph 8.3 of the report.

10.3 Ref: HC/RSL/1320
Applicant: Jonathan Tully
Premises: Fasgadh Stores, Dunvegan, Isle of Skye, IV55 8WA
Type: Off sales

There had been circulated Report No HLB/039/17 by the Clerk which invited the Board to determine the application.

The Board AGREED to grant the major variation sought subject to mandatory conditions only.

10.4 Ref: HC/INBS/95
Applicant: The Cairngorm Brewery Company
Premises: Cairngorm Brewery, Unit 12, Dalfaber Industrial Estate, Aviemore, PH22 1ST
Type: On and off sales

There had been circulated Report No HLB/040/17 by the Clerk which invited the Board to determine the application.

The Board AGREED to grant the major variation sought subject to mandatory conditions only.

10.5 Ref: HC/CSER/0831
Applicant: Skelbo Global Ventures Ltd, c/o Leigh Saxon Green LLP, Mutual House, 70 Conduit Street, London
Premises: Dornoch Stores, 12 Castle Street, Dornoch, IV25 3SN
Type: Off Sales

There had been circulated Report No HLB/040/17 by the Clerk which invited the Board to determine the application.

The Board AGREED to grant the major variation sought subject to mandatory conditions only.

10.6 Ref: HC/CSR/1498
Applicant: Emma Davies
Premises: Eilean Dubh Restaurant, 18 High Street, Fortrose
Type: On Sales

There had been circulated Report No HLB/041/17 by the Clerk which invited the Board to determine the application and advised that timeous objections/representations to the application had been received from the undernoted:-

Mrs A M Anderson, W A Anderson, Barbara Dillon, Mr and Mrs Duncan, Janis Keast, John Keast, Eilidh MacKenzie, Bill Martin, Jenny A McIntosh, David and Mary Pocock, Mr P J Porter, Caroline Robinson, David Robinson, Doris Robertson, Mrs B Smith, and V Wilson.

Ms E Davies, applicant, spoke in support of her application. She advised that she intended to operate the premises as a family run establishment which offered choice and provided an enhanced facility for the local community. She appreciated the concerns raised in the objections and provided an assurance that the premises would be operated in accordance with the conditions attached to the premises licence.

Mr S Duncan, objector, explained that the premises was located in a residential area and that his property overlooked the outdoor drinking area. He expressed concern at the potential disturbance arising from patrons using this area late into the evening and therefore welcomed the proposal to restrict the use of the outdoor drinking area to 2200 hrs as a condition of the licence.

The Licensing Standards Officer reported that the applicant had voluntarily submitted a noise management checklist form which clearly set out how any potential noise outside the premises would be controlled and that he was content with that submission, without the need to include compliance as a condition of any grant of a licence.

In discussion, Members expressed the view that with the inclusion of the conditions recommended by the Licensing Standards Officer including the restriction in the use of the outdoor drinking area to 2200 hrs, the application should be approved.

Thereafter, the Board AGREED to grant the major variation sought subject to mandatory conditions and the local and special conditions as set out in paragraphs 8.2 and 8.3 respectively of the report.

10.7 Ref: HC/CSR/0559
Applicant: Greene King Retailing Limited per TLT, 140 West George Street, Glasgow, G2 2HG
Premises: The Mallard, Station Square, Dingwall
Type: On and Off Sales

There had been circulated Report No HLB/042/17 by the Clerk which advised that a timeous objection to the application had been received from Dingwall Community Council.

The Licensing Standards Officer reported that an updated noise management plan had been received from the applicant, and a copy passed to the Council’s Environmental Health section. Environmental Health had yet to confirm whether the plan as submitted was considered to be satisfactory, and therefore until such time as this was received he suggested that the special condition set out in paragraph 8.4 of the report should continue to apply. 

Mr A Ness, on behalf of Dingwall Community Council, reported that while the Community Council wished to encourage local businesses to be successful, there were a number of concerns in regard to potential noise issues associated with the additional hours being applied for. He sought clarification on how the applicants intended to control noise at the premises to the levels specified within their operating plan.

In response Mr M McDougall, the applicant’s solicitor, advised that currently there were no issues in respect noise associated with the premises. He reported on the control measures as set out in his client’s noise management plan, specific details of which he provided to the Board, including the purchase of a noise meter to check decibel levels and deployment of two SIA licensed stewards to ensure doors were kept closed to prevent noise escaping from the premises. He also advised that following the meeting he would be content for arrange for a direct line of contact to be established between his clients and the Community Council in the event there were any issues arising.

In discussion, clarification was sought on how concerns raised in the objection/representation about customers overspilling onto the platform would be addressed given the safety issues involved. Mr Mcdougall reported that his clients had full experience of managing people on the platform in busy periods.  He advised that a steward would be deployed to ensure patrons did not exit the premises through the door onto the platform. In addition, CCTV coverage was in place, and both staff and stewards would be briefed to circulate around the premises to explain the arrangements for exiting the premises and to ensure they did not use the door onto the platform.  He also highlighted that neither Police Scotland nor Network Rail had objected to the application.   

The Board AGREED to grant the major variation sought subject to mandatory conditions, existing local conditions and the additional local, special late hours and other special conditions as set out in paragraphs 8.2, 8.3 and 8.4 respectively of the report.

10.8 Ref: HC/CSR/1643
Applicant: Viewfirth Hotels Ltd
Premises: Novar Arms Hotel, Balconie Street, Evanton
Type: On Sales

There had been circulated Report No HLB/043/17 by the Clerk which advised that a timeous objection to the application had been received from Sandra Mackenzie.

The Licensing Standards Officer reported that in response to the objection received the applicant had submitted a policy in respect of the outdoor drinking area, the terms of which he outlined to the Board.

Mr R Mercer the applicant, then spoke in support of the application. He advised that it was his intention to reinstate the outdoor drinking areas to the front and rear of the premises on a phased basis, the intention to bring the area to the front of into use this year, and the area to the rear adjacent to a function room next year.  He advised that there was demand from locals and tourists alike for the facility to enjoy a drink outdoors, and therefore the application would benefit both the local community and his business.  In response to the objection received, he circulated photographs of the location of the outdoor drinking area in relation to the premises and the objector’s property. He suggested the photographs demonstrated there would be no visual impact in terms of the outdoor drinking area on her property. In addition, the area would be managed by his staff at all times. 

Mr R Mercer then responded to the second letter of objection. He explained that he understood there had been an alleged incident at the front of the premises at close of business on Friday 17 March, when glass had been broken. He advised that the glass had been cleared up as far as possible in poor lighting, and a full clean up done the following morning.  He had organised a staff meeting to reiterate the terms of the outdoor drinking area policy, and the need for a full check of the area to be done at closing time and thereafter for the area to be checked by staff first thing in the early morning as a priority and prior to any children walking to school. He also advised that the premises now benefited from CCTV both inside and outside the premises. In regard to any potential noise and disturbance, he advised that this may be associated with the nearby village hall which held regular functions.

During discussion Members queried whether the applicant had considered preventing patrons from taking glasses/bottles outside. Mr Mercer indicated that in relation to the alleged incident, he was not convinced that the broken glass had originated from his premises.  Thereafter, a point was raised as to the potential for the applicant to install external lighting at the premises to improve the lighting in that area.  Mr Mercer advised that the installation of additional lighting at the front of the premises was being investigated.

The Clerk advised that Sergeant B Gray, Police Scotland had confirmed to her that there had been no reports of Police involvement in an incident at the premises.

The Board AGREED to grant the major variation sought subject to mandatory conditions, existing local conditions and the additional local conditions as set out in paragraph 8.2 of the report.

10.9 Ref: HC/RSL/1645
Applicant: Roger Niemeyer
Premises: Glencoe House, Glencoe, PH49 4HT
Type: On Sales

There had been circulated Report No HLB/044/17 by the Clerk which invited the Board to determine the application.

The Board AGREED to grant the major variation sought subject to mandatory conditions and existing local conditions.

10.10 Ref: HC/RSL/0462
Applicant: The McLean Pension Trust, per Twindeer Law, Ben Nevis Auction Mart, Torlundy, Fort William, PH33 6SQ
Premises: 4 Cameron Square, Fort William, PH33 6AJ

There had been circulated Report No HLB/045/17 by the Clerk which advised that timeous representations to the application had been received from the Council’s Planning and Building Standards Services.

The Depute Clerk reported that the applicant’s agent has agreed to reduce the capacity applied for from 100 persons to 82 persons in line with the Building Standard Officer’s recommendation.

The Board AGREED to grant the major variation sought, as amended by the applicant to limit on-sales capacity to 82, subject to mandatory conditions and existing local conditions.

11. Surrender of premises licence
Gèilleadh ceadachd togalaich

11.1 Premises: The Dower House, Highfield, Muir of Ord
Licence Holder: Aitchison Hotels Ltd

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

The meeting ended at 2.35pm.