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 November 2018 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 are submitted for confirmation as correct records:
i. the minute of the meeting of the Highland Licensing Board held on 24 September 2018; and
ii. the minute of the meeting of the Highland Licensing Board held on 2 October 2018.
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/108/18 detailing licences which have been granted under delegated powers by the Clerk to the Board during the period 19 September 2018 to 24 October 2018 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/109/18 detailing occasional licences and extended hours applications which have been granted under delegated powers by the Clerk to the Board during the period 19 September 2018 to 24 October 2018 and inviting the Board to note the report.
6. Policy Statement 2019-2022 under the Gambling Act 2005
Aithris Poileasaidh 2019-22 fo Achd na Ceàrrachd 2005
There is circulated Report No HLB/110/18 detailing the consultation responses to the Consultation Draft Policy Statement sand inviting the Board to agree the terms of its Policy Statement 2019-2022 following consideration of the consultation responses.
7. Draft supplementary policy statement on extended hours for the festive period
Dreachd aithris phoileasaidh leasachail a thaobh uairean leudaichte airson ràith na Nollaige
There is circulated Report No HLB/111/18 are invited to agree the terms of a draft supplementary policy statement on extended hours for the festive period to be published for consultation.
8. Licensing (Scotland) Act 2005
Applications for new premises licences
Achd Ceadachd (Alba) 2005
Iarrtas airson cheadachdan thogalaichean ura
8.1 Ref: HC/INBS/629
Applicant: Castle Street Restaurant Ltd, 41 Castle Street, Inverness, IV2 3DU Premises: Castle Street Restaurant, 41 Castle Street, Inverness, IV2 3DU Type: on and off sales
There is circulated Report No HLB/112/18 by the Clerk.
9. Licensing (Scotland) Act 2005
Applications for provisional premises licences
Achd Ceadachd (Alba) 2005
Iarrtas airson ceadachdan thogalaichean le cumha
9.1 Ref: HC/INBS/630
Applicant: Grantown East Ltd, Clay Barn, Ipsley Court, Berrington Close, Redditch, Worcestershire, B98 0TJ
Premises: Grantown East Highland Heritage and Cultural Centre, East Railway Station, Grantown on Spey, PH26 3AD
Type: on and off sales
There is circulated Report No HLB/113/18 by the Clerk.
9.2 Ref: HC/INBS/628
Applicant: Speyside Hotel Ltd, 43 Grant Road, Grantown on Spey, PH26 3LD
Premises: The Speyside Hotel, 43 Grant Road, Grantown on Spey, PH26 3LD
Type: on and off sales
There is circulated Report No HLB/114/18 by the Clerk.
9.3 Ref: HC/INBS//631
Applicant: Hotel Chocolat Retail Limited, Mint House, Newark Close, Royston, Hertfordshire, SG8 5HL per Total Licensing Solutions, 3 Michaels Court, Ashton, Northants, NN7 3PP
Premises: Hotel Chocolat, Unit 27 Eastgate Shopping Centre, 11 Eastgate, Inverness, IV2 3PP
Type: off sales
There is circulated Report No HLB/115/18 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/INBS/239
Applicant: Whitbread Group Plc, Haughton Hall Business Park, Porz Avenue, Dunstable, Bedfordshire, LU5 5 XE per John Gaunt & Partners, Omega Court, 372-374 Cemetery Road, Sheffield, S11 8FT
Premises: Premier Inn, Slice Restaurant, 18 Millburn Road, Inverness, IV2 3QX
Type: on and off sales
Variation:
1. To vary Q7 of the Operating Plan to reflect increase in residential occupancy by virtue of additional 9 bedrooms to be constructed, to read: Capacity Breakdown - residential occupancy - 64 rooms at an average of 4 persons = 256 persons.
2. To substitute new site plan 1933 L(07)002 to illustrate location of bedroom extension.
3. To substitute ground floor, first floor accommodation plans 1933 L(07)001 to illustrate location of new bedrooms.
4. Ground floor restaurant and second floor accommodation plans remain unchanged.
There is circulated Report No HLB/116/18 by the Clerk.
10.2 Ref: HC/INBS/081
Applicant: Whitbread Group Plc, Haughton Hall Business Park, Porz Avenue, Dunstable, Bedfordshire, LU5 5 XE per John Gaunt & Partners, Omega Court, 372-374 Cemetery Road, Sheffield, S11 8FT
Premises: Premier Inn, Inshes Gate, Beechwood Business Park Inverness, IV23 3BW
Type: on and off sales
Variation:
1. Amendment to Q7 to increase occupancy to reflect 24 additional bedrooms within adjacent hotel block to be constructed and opened on or around February 2019, by 72 persons to 488.
Revised plan to show:
1. Location Plan 2074/08C - layout of Inshes Gate Restaurant remains the same.
2. Premier Inn Bedroom - Ground Floor - 2077 L(07)004.
3. First Floor - 2007 L(07)005.
There is circulated Report No HLB/117/18 by the Clerk.
10.3 Ref: HC/INBS/458
Applicant: Vue Entertainment Limited, 10 Chiswick Park, 566 Chiswick High Road, London, W4 5XS per Poppleston Allen, 37 Stoney Street, The Lace Market, Nottingham, NG1 1LS
Premises: Vue Cinema, Inverness Retail and Business Park, Eastfield Way, Inverness, IV2 7GD
Type: on sales
Variation:
1. To remove a condition in 6(b), 6(c) and 6(d):
2. 'Screens are patrolled by team members every 30 minutes during film screenings', to replace the condition with:
3. "Regular checks throughout cinema opening will be made of screens by members of staff wearing visual aids, which permit them to see customers in the dark. During these checks, specific attention will be paid to persons who may be consuming alcohol to ensure that they are doing so in a responsible manner and that no person under the age of 18 is being supplied with alcohol."
There is circulated Report No HLB/118/18 by the Clerk.
10.4 Ref: HC/INBS/251
Applicant: Tulchan Sporting Estates Ltd., c/o Morton Fraser LLP, 5th Floor Quartermile Two, 2 Lister Square, Edinburgh, EH3 9GL
Premises: Tulchan Sporting Estates Ltd., Tulchan Lodge, Advie, Grantown on Spey, PH26 3PW
Type: on and off sales
Variation:
1. Amend core licensing hours to read 1100-0100 hrs Monday-Sunday.
2. Allow the facility to provide off sales from 1000-2200 hrs Monday-Sunday.
3. Allow the addition facilities of Music, Televised Sport and Outdoor Drinking within the operating plan.
4. An outside drinking area for guests adjacent to the Lodge has been added (included on revised layout plans).
5. Revised premises description to read:
"Sporting Lodge set in 25,000 acres of mixed moor/farming/forestry.
The estate has 8 miles of salmon fishing/low ground shooting and stalking. Tulchan Lodge operates exclusively as the Tulchan Club whereby the 13 bedrooms can accommodate 26 guests who through corporate membership, have use of the lodge and its facilities. Alcohol is offered to guests both by way of on sales and off sales.”
6. Change of Premises Manager.
There is circulated Report No HLB/119/18 by the Clerk.
10. 5 Ref: HC/RSL/1362
Applicant: Hugh MacLeod
Premises: Dunvegan Castle Café and Shop, Dunvegan, Isle of Skye, IV55 8WF
Type: On and Off Sales
Variation:
- Cease on sales hours;
- Remove restaurant facilities from operating plan;
- Remove children and young persons terms of entry;
- Change name of premises to Dunvegan Castle Shop;
- Remove seasonal variation to permit year round trading;
- Amend description of the premises to remove reference to the café;
- To list of activities and services to be provided outwith core hours add recorded music;
- Amend the layout following the removal of the café from the licensed area.
There is circulated Report No HLB/120/18 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 6 November 2018 at 1.00pm.
Present:
Mr J Bruce, Dr I Cockburn (Convener) Mr G Cruickshank, Ms E Knox, Mrs L Macdonald, Mr D Macpherson, Mrs P Munro, Mr K Rosie.
In Attendance:
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
Item 9.2: Mr B Johnston, applicant, Ms C Graham and Mr S Taylor, representatives
Item 9.3: Ms C Parker and Ms S Fox, representatives
Item 10.1: Ms M Hazlewood, solicitor for applicant and Mr D Cruickshank, representative
Item 10.2: Ms M Hazlewood, solicitor for applicant and Mr J Jarrad, representative
Item 10.3: Mr B Laird, representative
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 A Jarvie and Mr C Smith.
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 24 September 2018; and
- the minute of the meeting of the Highland Licensing Board held on 2 October 2018.
The Minutes were 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/108/18 detailing licences which had been granted under delegated powers by the Clerk to the Board during the period 19 September 2018 to 24 October 2018.
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/109/18 detailing occasional licences and extended hours applications which had been granted under delegated powers by the Clerk to the Board during the period 19 September 2018 to 24 October 2018.
The Board NOTED the report.
6. Policy Statement 2019-2022 under the Gambling Act 2005
Aithris Poileasaidh 2019-22 fo Achd na Ceàrrachd 2005
There had been circulated Report No HLB/110/18 detailing the consultation responses to the Consultation Draft Policy Statement and inviting the Board to agree the terms of its Policy Statement 2019-2022 following consideration of the consultation responses.
The Board AGREED the terms of its Policy Statement 2019-2022 following consideration of the consultation responses and as set out in the Consultation Draft.
7. Draft supplementary policy statement on extended hours for the festive period
Dreachd aithris phoileasaidh leasachail a thaobh uairean leudaichte airson ràith na Nollaige
There had been circulated Report No HLB/111/18 which invited the Board to agree the terms of a draft supplementary policy statement on extended hours for the festive period to be published for consultation.
The Board AGREED that the proposals at section 3 of this report be published for consultation as a draft supplementary policy statement.
8. Licensing (Scotland) Act 2005
Applications for new premises licences
Achd Ceadachd (Alba) 2005
Iarrtas airson cheadachdan thogalaichean ura
8.1 Ref: HC/INBS/629
Applicant: Castle Street Restaurant Ltd, 41 Castle Street, Inverness, IV2 3DU
Premises: Castle Street Restaurant, 41 Castle Street, Inverness, IV2 3DU
Type: on and off sales
There had been circulated Report No HLB/112/18 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
Applications for provisional premises licences
Achd Ceadachd (Alba) 2005
Iarrtas airson ceadachdan thogalaichean le cumha
9.1 Ref: HC/INBS/630
Applicant: Grantown East Ltd, Clay Barn, Ipsley Court, Berrington Close, Redditch, Worcestershire, B98 0TJ
Premises: Grantown East Highland Heritage and Cultural Centre, East Railway Station, Grantown on Spey, PH26 3AD
Type: on and off sales
There had been circulated Report No HLB/113/18 by the Clerk which invited the Board to determine the application.
The Board AGREED to GRANT the provisional premises licence subject to mandatory conditions only.
9.2 Ref: HC/INBS/628
Applicant: Speyside Hotel Ltd, 43 Grant Road, Grantown on Spey, PH26 3LD
Premises: The Speyside Hotel, 43 Grant Road, Grantown on Spey, PH26 3LD
Type: on and off sales
There had been circulated Report No HLB/114/18 by the Clerk which advised that a timeous notice of representation had been received from T Westbrook and J Douglas. The Board was invited to determine the application.
The Depute Clerk advised that in response to the issues raised in representation, it was recommended that a number of additional conditions be attached to any grant of a licence, details of which were set out in the report.
The applicant referred to the representation received and advised that the grant of a licence would allow the premises to compete on equal terms with other licensed premises in the area. In relation to concerns about footfall, twenty guest car parking spaces had been created at the premises and therefore it was not anticipated there would be any overspill into the surrounding residential area.
The Board AGREED to GRANT the provisional premises licence subject to mandatory conditions, the local conditions and special condition set out at 7.2 and 7.3 respectively of the report.
9.3 Ref: HC/INBS//631
Applicant: Hotel Chocolat Retail Limited, Mint House, Newark Close, Royston, Hertfordshire, SG8 5HL per Total Licensing Solutions, 3 Michaels Court, Ashton, Northants, NN7 3PP
Premises: Hotel Chocolat, Unit 27 Eastgate Shopping Centre, 11 Eastgate, Inverness, IV2 3PP
Type: off sales
There had been circulated Report No HLB/115/18 by the Clerk which invited the Board to determine the application.
On hearing from the applicant, the Board AGREED to GRANT the provisional premises licence 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/INBS/239
Applicant: Whitbread Group Plc, Haughton Hall Business Park, Porz Avenue, Dunstable, Bedfordshire, LU5 5 XE per John Gaunt & Partners, Omega Court, 372-374 Cemetery Road, Sheffield, S11 8FT
Premises: Premier Inn, Slice Restaurant, 18 Millburn Road, Inverness, IV2 3QX
Type: on and off sales
There had been circulated Report No HLB/116/18 by the Clerk which invited the Board to determine the application.
On hearing from the applicant, the Board AGREED to GRANT the major variation to premises licence subject to mandatory conditions and the existing local conditions.
10.2 Ref: HC/INBS/081
Applicant: Whitbread Group Plc, Haughton Hall Business Park, Porz Avenue, Dunstable, Bedfordshire, LU5 5 XE per John Gaunt & Partners, Omega Court, 372-374 Cemetery Road, Sheffield, S11 8FT
Premises: Premier Inn, Inshes Gate, Beechwood Business Park Inverness, IV23 3BW
Type: on and off sales
There had been circulated Report No HLB/117/18 by the Clerk which invited the Board to determine the application.
The Board AGREED to GRANT the major variation to premises licence subject to mandatory conditions and the existing local conditions.
10.3 Ref: HC/INBS/458
Applicant: Vue Entertainment Limited, 10 Chiswick Park, 566 Chiswick High Road, London, W4 5XS per Poppleston Allen, 37 Stoney Street, The Lace Market, Nottingham, NG1 1LS
Premises: Vue Cinema, Inverness Retail and Business Park, Eastfield Way, Inverness, IV2 7GD
Type: on sales
There had been circulated Report No HLB/118/18 by the Clerk which invited the Board to determine the application.
On hearing from the applicant, the Board AGREED to GRANT the major variation to premises licence subject to mandatory conditions only.
10.4 Ref: HC/INBS/251
Applicant: Tulchan Sporting Estates Ltd., c/o Morton Fraser LLP, 5th Floor Quartermile Two, 2 Lister Square, Edinburgh, EH3 9GL
Premises: Tulchan Sporting Estates Ltd., Tulchan Lodge, Advie, Grantown on Spey, PH26 3PW
Type: on and off sales
There had been circulated Report No HLB/119/18 by the Clerk which invited the Board to determine the application.
The Board AGREED to GRANT the major variation to premises licence subject to mandatory conditions only.
10. 5 Ref: HC/RSL/1362
Applicant: Hugh MacLeod
Premises: Dunvegan Castle Café and Shop, Dunvegan, Isle of Skye, IV55 8WF
Type: On and Off Sales
There had been circulated Report No HLB/120/18 by the Clerk which invited the Board to determine the application.
The Board AGREED to GRANT the major variation to premises licence subject to mandatory conditions and removal of existing local condition (e) (as currently numbered in the licence).
The meeting ended at 1.20pm