Agenda
Read the Agenda
A meeting of the Highland Licensing Board will take place in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Wednesday, 2 August 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/080/17 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/081/17 detailing occasional licences and extended hours applications which have been granted under delegated powers by the Clerk to the Board during the period 16 March 2017 to 20 July 2017 and inviting the Board to note the report.
6. Amendment to the Highland Licensing Board Scheme of Delegation
Atharrachadh do Sgeama Tiomnaidh Bòrd Ceadachd na Gàidhealtachd
There is circulated Report No HLB/082/17 by the Clerk inviting the Board (A) to approve amendments to the Board’s Scheme of Delegation to accommodate changes to the Licensing (Scotland) Act 2005, enacted by the Air Weapons and Licensing (Scotland) Act 2015, which came into force on 17 May 2017, and also (B) to agree that a hearing will be held where a report is received under section 84B of the Act.
7. Licensing (Scotland) Act 2005
Applications for new premises licences
Achd na Ceadachd (Alba) 2005
Larrtas airson cheadachdan thogalaichean ura
7.1 Ref: HC/RSL/1831
Applicant: Eilean Shona Management Limited
Premises: The Little Shop, Eilean Shona, Dorlin, Acharacle, Argyll, PH36 4LR
Type: Off- Sales
There is circulated Report No HLB/083/17 (pp 45 - 48) by the Clerk.
7.2 Ref: HC/CSR/1827
Applicant: Grants Fine Foods
Premises: Grants Fine Foods, Unit 5D Dornoch Industrial Estate, Dornoch, IV25 3PG
Type: Off Sales
There is circulated Report No HLB/084/17 by the Clerk.
7.3 Ref: HC/CSR/1829
Applicant: Picante Food Ltd
Premises: Café Picante, 54 High Street, Alness
Type: On and Off Sales
There is circulated Report No HLB/085/17 by the Clerk.
7.4 Ref: HC/CSR/1830
Applicant: John P Catley
Premises: Castle Hotel, Castle Street, Portmahomack
Type: On and Off Sales
There is circulated Report No HLB/086/17 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/611
Applicant: Canal Park Sports Club 2017, Bught Lane, Inverness, IV3 5SS
Premises: Highland Rugby Football Club, Bught Lane, Inverness, IV3 5SS
Type: On and Off Sales
There is circulated Report No HLB/087/17 by the Clerk.
8.2 Ref: HC/INBS/610
Applicant: ALV Trading Limited, The Courtyard, Chapel Lane, Banbury, OX15 4DB per Poppleston Allen, Solicitors, 27 Stoney Street, The Lace Market, Nottingham, NG1 1LS
Premises: Smashburger, Unit 4, Falcon Square, Eastgate Centre, Inverness, IV2 3PP
Type: On and Off Sales
There is circulated Report No HLB/088/17 by the Clerk.
8.3 Ref: HC/CSR/1828
Applicant: Kyle of Sutherland Development Trust
Premises: Falls of Shin Visitor Centre, Achany, Lairg, IV27 4EE
Type: On and Off Sales
There is circulated Report No HLB/089/17 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/INBS/607
Applicant : Aldi Store Limited, Holly Lane, Atherstone, Warwickshire, CV9 2SQ per TLT LLP, Solicitors, 140 West George Street, Glasgow, G2 2HG
Premises: Aldi Stores Limited, Grampian Road, Aviemore, PH22 1RH
Type: Off Sales
Variation:
- Amend capacity at Q7 to 26.786118 m2
- Reconfiguration of proposed layout plan, including relocation of alcohol display area to the back wall and reconfiguration of shelving (as per plans ref: 0212AL(76)001 A).
There is circulated Report No HLB/090/17 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/0477
Applicant: Alasdair W MacLean
Premises: Strontian Stores, Strontian, PH36 4HZ
Type: Off Sales
Variation:
- Extend footprint of premises to include Café Sunart
- Provide on and off sale facilities within Café Sunart
- Include additional activities within Operating Plan namely, restaurant facilities, receptions, club or other group meetings, music, live performances, dance facilities and outdoor drinking.
- Revise name of premises to “Strontian Stores and Café Sunart”
- Revise description of premises to reflect operation of the premises
- Revise capacity of premises to 40 persons (Café only)
- Revise Operating Hours as follows:
Off Sales : 1000 hours to 2200 hours
On Sales : 1100 hours to 0100 hours
There is circulated Report No HLB/091/17 by the Clerk.
10.2 Ref: HC/INBS/353
Applicant: BP Oil UK Limited, Chertsey Road, Sunbury on Thames, Middlesex, TW16 7BP per Harper and Macleod LLP, Solicitors, The Ca’d’oro, 45 Gordon Street, Glasgow, G1 3PE
Premises: Malthurst Esso Aviemore, 52 Grampian Road, Aviemore, PH22 1PD
Type: Off Sales
Variation:
- Change the name of the premises to BP Aviemore Simply Food.
- Reduce off-sales capacity from 9m2 to 8.76m2.
- Amend layout plan following renovation.
- Amend premises description.
- Increase licensed hours on a Sunday to commence at 1000 hrs.
There is circulated Report No HLB/092/17 by the Clerk.
10.3 Ref: HC/RSL/1465
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
Variation:
- Increase off sales licensed hours to terminate at 2200 hours daily;
- Remove special condition 3 - “No member of the public seeking to buy alcohol on the premises or to collect alcohol from the premises is permitted on the premises to which this licence refers”;
- Amend description of the premises to remove the references to members of the public not being permitted on the premises.
There is circulated Report No HLB/093/17 by the Clerk.
10.4 Ref: HC/CSR/1651
Applicant: Gordon Quinn
Premises: Aird Hill B and B, Badachro, Gairloch
Type: On Sales
Variation:
- Add off-sales with hours of Monday to Sunday 1000 hrs to 2200 hrs
- Specify nominal on-sales hours of Monday to Sunday 1200 hrs to 2400 hrs
There is circulated Report No HLB/094/17 by the Clerk.
10.5 Ref: HC/CSR/0293
Applicant: Blargoans Limited
Premises: Northern Sands Hotel, Dunnet
Type: On and Off Sales
Variation:
- Amend licensed hours Monday to Thursday and Sunday to terminate at 0100 hrs the following day
- Increase off-sales hours on a Sunday to commence at 1100 hrs.
- Add a seasonal variation to take advantage of any period of extended hours agreed by the Board over the Festive Period.
- To the list of activities and services to be provided add theatre and gaming and that, other than gaming and bar meals, all activities and services may be provided outwith core licensed hours.
- Minor amendment to children and young persons times of entry to confirm that non-resident children are permitted on the premises after 2200 hrs if attending a function, viewing entertainment or a televised sporting event, and substitute the wording for parts of premises to “all part of the premises except the public bar”.
- Amend wording for activities permitted outwith core hours.
- At Question 5 (f) other activities remove existing wording and substitute “From time to time a marquee may be erected in the grounds for weddings and other events.”
- Amend layout plan to include an extended licensed area for siting a marquee.
There is circulated Report No HLB/095/17 by the Clerk.
11. Item withdrawn.
12. Licensing (Scotland) Act 2005 Section 74 - hearing to consider and determine an application for personal licence
Achd Ceadachd (Alba) 2005 Earrann 74 – èisteachd gus beachdachadh air iarrtasan airson ceadachd phearsanta
12.1 Applicant: Robert O’Neill
There is circulated Report No HLB/097/17 by the Clerk.
12.2 Applicant: Richard Watson
There is circulated Report No HLB/098/17 by the Clerk.
Minutes
Read the Minutes
Minute of the meeting of the Highland Licensing Board held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness, Tuesday 2 August 2017 at 1.00 pm.
Present:
Mr J Bruce, Dr I Cockburn, r A Jarvie, Ms E Knox, Mrs L MacDonald, Mr D Macpherson, Mrs P Munro, Mr K Rosie and Mr C Smith.
In Attendance:
Ms S Blease, Clerk
Miss C McArthur, Depute Clerk
Mr D Inglis, Licensing Standards Officer
Mrs A MacArthur, Administrative Assistant
Also In Attendance:
Sergeant B Gray, Police Scotland
Mr J Williamson, Police Scotland
Item 7.2: Mr S Grant, applicant
Item 8.2: Mrs L Murray, solicitor for the applicant, Ms T Gahlen and Mr A Poppleston for the applicant
Item 9.1: Mr M McDougall, solicitor for the applicant
Item 10.1: Mr A MacLean, applicant
Item 10.2: Mr C Murray, for the applicant
Item 10.5: Mr K Drieves, for the applicant
Item 12.1: Mr R O’Neill, applicant
Briefing on Protocol for Webcasting of Meetings
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 G Cruickshank.
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 9 June 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/080/17 detailing licences which had been granted under delegated powers by the Clerk to the Board during the period 16 March to 20 July 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/081/17 detailing occasional licences and extended hours applications which had been granted under delegated powers by the Clerk to the Board during the period 30 May 2017 to 20 July 2017.
The Board NOTED the report.
6. Amendment to the Highland Licensing Board Scheme of Delegation
Bhòrd Cheadachd na Gàidhealtachd Atharrachaidhean a Thathar a’ Moladh dhan Sgeama Thiomnaidh
There had been circulated Report No HLB/082/17 by the Clerk inviting the Board (A) to approve amendments to the Board’s Scheme of Delegation to accommodate changes to the Licensing (Scotland) Act 2005, enacted by the Air Weapons and Licensing (Scotland) Act 2015, which came into force on 17 May 2017, and also (B) to agree that a hearing will be held where a report is received under section 84B of the Act.
On hearing from the Clerk, the Board AGREED to APPROVE (A) the amendments to the Board’s Scheme of Delegation recommended in the report to accommodate changes to the Licensing (Scotland) Act 2005, enacted by the Air Weapons and Licensing (Scotland) Act 2015, which came into force on 17 May 2017, and also (B) to agree that a hearing will be held where a report is received under section 84B of the Act.
7. Licensing (Scotland) Act 2005
Applications for new premises licences
Achd na Ceadachd (Alba) 2005
Larrtas airson cheadachdan thogalaichean ura
7.1 Ref: HC/RSL/1831
Applicant: Eilean Shona Management Limited
Premises: The Little Shop, Eilean Shona, Dorlin, Acharacle, Argyll, PH36 4LR
Type: Off- Sales
There had been circulated Report No HLB/083/17 by the Clerk which invited the Board to determine the application.
The Board AGREED to GRANT the application subject to mandatory conditions only.
7.2 Ref: HC/CSR/1827
Applicant: Grants Fine Foods
Premises: Grants Fine Foods, Unit 5D Dornoch Industrial Estate, Dornoch, IV25 3PG
Type: Off Sales
There had been circulated Report No HLB/084/17 by the Clerk which invited the Board to determine the application.
The Board AGREED to GRANT the application subject to mandatory conditions only.
7.3 Ref: HC/CSR/1829
Applicant: Picante Food Ltd
Premises: Café Picante, 54 High Street, Alness
Type: On and Off Sales
There had been circulated Report No HLB/085/17 by the Clerk which invited the Board to determine the application.
The Depute Clerk advised of an amendment to the report at paragraph 5.2 where it should read “Alness” and not “Invergordon”.
The Board AGREED to GRANT the application subject to mandatory conditions, local conditions, special late hours conditions and the special conditions as set out at 7.2, 7.3 and 7.4 respectively of the report together with the following amendment to the report:
- paragraph 5.2 should read “Alness” rather than “Invergordon”.
7.4 Ref: HC/CSR/1830
Applicant: John P Catley
Premises: Castle Hotel, Castle Street, Portmahomack
Type: On and Off Sales
There had been circulated Report No HLB/086/17 by the Clerk which invited the Board to determine the application.
The Board AGREED to GRANT the application subject to mandatory conditions, local conditions and special late hours conditions as set out at 7.2 and 7.3 respectively 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/611
Applicant: Canal Park Sports Club 2017, Bught Lane, Inverness, IV3 5SS
Premises: Highland Rugby Football Club, Bught Lane, Inverness, IV3 5SS
Type: On and Off Sales
There had been circulated Report No HLB/087/17 by the Clerk which invited the Board to determine the application.
The Board AGREED to GRANT the application subject to mandatory conditions, local conditions and the special conditions as set out at 7.2 and 7.3 respectively of the report.
8.2 Ref: HC/INBS/610
Applicant: ALV Trading Limited, The Courtyard, Chapel Lane, Banbury, OX15 4DB per Poppleston Allen, Solicitors, 27 Stoney Street, The Lace Market, Nottingham, NG1 1LS
Premises: Smashburger, Unit 4, Falcon Square, Eastgate Centre, Inverness, IV2 3PP
Type: On and Off Sales
There had been circulated Report No HLB/088/17 by the Clerk which invited the Board to determine the application.
On a question from a Member, the solicitor for the applicant explained that the off sales business would be very much ancillary to the food sales and not for off-the-street sales.
The Board AGREED to GRANT the application subject to mandatory conditions, local conditions and special conditions as set out 7.2 and 7.3 respectively of the report.
8.3 Ref: HC/CSR/1828
Applicant: Kyle of Sutherland Development Trust
Premises: Falls of Shin Visitor Centre, Achany, Lairg, IV27 4EE
Type: On and Off Sales
There had been circulated Report No HLB/089/17 by the Clerk which invited the Board to determine the application.
The Board AGREED to GRANT the application 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/INBS/607
Applicant : Aldi Store Limited, Holly Lane, Atherstone, Warwickshire, CV9 2SQ per TLT LLP, Solicitors, 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/090/17 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/RSL/0477
Applicant: Alasdair W MacLean
Premises: Strontian Stores, Strontian, PH36 4HZ
Type: Off Sales
There had been circulated Report No HLB/091/17 by the Clerk which invited the Board to determine the application. An additional representation arising out of an additional neighbour notification was circulated to Members, this was not a late objection.
The Licensing Standards Officer advised that the noise objections were not unusual and the live entertainment would cease at 2400 hours with no live or recorded music in the outside drinking area. The licence holder did not intend regularly opening until 0100 hours in practice and the provision of live music would be subject to demand and also to the conditions attached to the licence.
The applicant stated that there would be a distance of 30 metres from the nearest house to the outside drinking area.
The Board AGREED to GRANT the application subject to mandatory conditions, local conditions and special conditions as set out at 8.2 and 8.3 respectively of the report.
10.2 Ref: HC/INBS/353
Applicant: BP Oil UK Limited, Chertsey Road, Sunbury on Thames, Middlesex, TW16 7BP per Harper and Macleod LLP, Solicitors, The Ca’d’oro, 45 Gordon Street, Glasgow, G1 3PE
Premises: Malthurst Esso Aviemore, 52 Grampian Road, Aviemore, PH22 1PD
Type: Off Sales
There had been circulated Report No HLB/092/17 by the Clerk which invited the Board to determine the application.
The Board AGREED to GRANT the application subject to mandatory conditions only.
10.3 Ref: HC/RSL/1465
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/093/17 by the Clerk which invited the Board to determine the application. One representation had been received from the Planning, Development and Infrastructure Service. The matters they raised were not relevant to the licensing decision and could be addressed by that Service under separate powers.
The Board AGREED to GRANT the application subject to mandatory conditions and the removal of special condition 3 as set out at 8.3 of the report.
10.4 Ref: HC/CSR/1651
Applicant: Gordon Quinn
Premises: Aird Hill B and B, Badachro, Gairloch
Type: On Sales
There had been circulated Report No HLB/094/17 by the Clerk which invited the Board to determine the application.
The Board AGREED to GRANT the application subject to mandatory conditions, deletion of the existing special condition and the addition of the new special conditions as set out at 8.3 of the report.
10.5 Ref: HC/CSR/0293
Applicant: Blargoans Limited
Premises: Northern Sands Hotel, Dunnet
Type: On and Off Sales
There had been circulated Report No HLB/095/17 by the Clerk which invited the Board to determine the application.
The Board AGREED to GRANT the application subject to mandatory conditions, deletion of existing local condition “e”, an additional local condition, special late hours conditions and a special condition as set out at 8.2, 8.3 and 8.4 respectively of the report.
11. Item withdrawn.
12. Licensing (Scotland) Act 2005 Section 74 - hearing to consider and determine an application for personal licence
Achd Ceadachd (Alba) 2005 Earrann 74 – èisteachd gus beachdachadh air iarrtasan airson ceadachd phearsanta
12.1 Applicant: Robert O’Neill
There had been circulated Report No HLB/097/17 by the Clerk which invited the Board to determine the application.
The applicant was present and offered to answer any questions.
The Board AGREED to GRANT the application.
12.2 Applicant: Richard Watson
There had been circulated Report No HLB/098/17 by the Clerk which invited the Board to determine the application.
Sergeant B Gray spoke to the Police Scotland notice circulated with the Report.
The Board AGREED to GRANT the application.
The meeting ended at 1.30 pm.