Agendas, reports and minutes

Minute of the meeting of the Highland Licensing Board held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness, Tuesday 6 August 2019 at 1.00pm.

Present:

Mr J Bruce, Dr I Cockburn, Mr G Cruickshank, Mr A Jarvie, Mrs E Knox, Mrs L MacDonald, Mr D Macpherson, Mrs P Munro, Mr K Rosie and Mr C Smith.

In Attendance:

Ms C McArthur, Clerk
Mr I Meredith, Solicitor - Regulatory Services
Mr I Cox, Licensing Standards Officer
Mr G Cameron, Licensing Standards Officer
Mr S Taylor, Administration Assistant

Also In Attendance:

Sergeant B Gray, Police Scotland
PC J Williamson, Police Scotland
Constable K Duncan, Police Scotland

Item 6.3 – Ms A Allan, representative for the applicant
Item 8.1 – Mr C Docherty, representative for the applicant
Item 8.2 – Ms J Wilson, applicant and Mr J Robertson, representative for the applicant
Item 8.3 – Mr A Macdonald, solicitor for the applicant and Mr G Coutts, representative for the applicant
Item 8.7 – Mr J Bell, solicitor for the applicant and Ms R Narang, representative for the applicant, Mr L McNally, objector

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

There were no apologies for absence.             .

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 25 June 2019.

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/065/19 detailing licences which had been granted under delegated powers by the Clerk to the Board during the period 13 June to 24 July 2019.

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/066/19 detailing occasional licences and extended hours applications which had been granted under delegated powers by the Clerk to the Board during the period 13 June to 24 July 2019.

The Board NOTED the report.

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

6.1  Ref: HC/RSL/1906
Applicant: Cara Grey
Premises: The Lookout (Restaurant), The Gathering, Inverie, Knoydart, PH41 4PL
Type:  On and Off Sales

There had been circulated Report No HLB/067/19 by the Clerk which invited the Board to determine the application.

The Board AGREED to GRANT the application for a new premises licence subject to mandatory conditions and the special conditions as set out at 7.3 of the report.

6.2  Ref: HC/RSL/1907
Applicant: The Green Screen Diner Limited
Premises: Green Screen Diner, 147 High Street, Fort William, PH33 6EA
Type: On Sales

There had been circulated Report No HLB/068/18 by the Clerk which invited the Board to determine the application.

The Board AGREED to GRANT the application for a new premises licence subject to mandatory conditions and the special condition as set out at 7.3 of the report.

6.3  Ref: HC/RSL/1908
Applicant: Baoighill Aoigheachd Ltd
Premises: Gun Ainm, 12 Harbour Street, Plockton, IV52 8TG
Type: On and Off Sales

There had been circulated Report No HLB/069/18 by the Clerk which invited the Board to determine the application.

The Clerk confirmed to the Board that there were 8 late objections which could not be considered automatically and had, therefore, not been circulated to them in advance of the meeting.  The Clerk further advised that the Board may, having heard from the late objectors and the applicant, consider the late objections if they were satisfied that the failure is due to mistake, oversight or other excusable cause and the Board considered it appropriate in all the circumstances to relieve the failure to meet the deadline.  The Clerk further advised the Board that some of the late objectors had stated they were unaware of the application within the timescale for objecting but no formal reasons had been put forward.  No objectors were present and the applicant’s representative confirmed that she was content that the late objections were circulated. Accordingly, the Board decided to accept the late objections which were circulated.

The Clerk advised the Board that any objection or representation to a liquor licensing application must firstly be raised on relevant licensing grounds and that the licensing system must not duplicate other regulatory regimes.

The Licensing Standards Officer confirmed that the premises had currently been operating under occasional licences which had been in place for almost 6 months for both on and off sales.  He confirmed that there had been no issues with the way the premises had been run during the period of occasional licences.   He also confirmed that prior to the application for a premises licence; the premises had a lengthy history with planning related issues which was not something the Licensing Board had locus over.  He submitted that this had led to difficulties with the applicant and members of the community and, as a result of this, there had been an amount of mistrust as to how the premises would be run.

He confirmed that the premises was being run as a café and not a pub in the way that it operated and the licensing times for the application reflected what the planning reporter indicated would be appropriate in terms of residential amenity for the area.  He confirmed that there would be no customers on the premises after 2000 hours Monday to Saturday and 1700 hours on Sunday and the off sales hours for after these times were purely to facilitate the business for online, telephone and postal orders.

The applicant’s representative confirmed that what the Licensing Standards Officer had submitted was exactly the way they intended to run their business.

The Board AGREED to GRANT the application for a premises licence subject to mandatory conditions, the local conditions and the special condition as set out at sections 7.2 and 7.3 respectively of the report.

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

7.1  Ref: HC/RSL/1910
Applicant: The Highland Cinema
Premises: The Highland Cinema, Cameron Square, Fort William, PH38 4NB
Type:  On and Off Sales

There had been circulated Report No HLB/070/19 by the Clerk which invited the Board to determine the application.

The Board AGREED to GRANT the application for a provisional premises licence subject to mandatory conditions, the local conditions and the special conditions as set out at 7.2 and 7.3 respectively of the report.

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

8.1  Ref: HC/INBS/437
Applicant: WKW Partnership Ltd, 32A Hamilton Street, Saltcoats, Ayrshire, KA21 5DS
Premises: Cairngorm Hotel, 77 Grampian Road, Aviemore, PH22 1PE
Type:  On and Off Sales

Variation:

1. To extend the designated outdoor drinking area to include the car park to the front of the premises to allow customers to consume alcoholic and nonalcoholic drinks. To be included within the text of Section 5(f) of the operating plan the area is not overlooked by residential premises.
2. Revised layout plans have been compiled to reflect the extension of the public drinking area to the front of the Hotel.
3. Amend second paragraph of description to read: "There is a car park to the front of the Hotel which on limited occasions will be given over to sole use to host live performances to support locally significant events, temporary bar facilities may be erected within the car park to service attending customers. On a former Boules Court an outdoor seating area has been created. Further car park facilities area at the rear of the Hotel.

There had been circulated Report No HLB/071/19 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, existing local conditions and the special conditions as set out at 7.3 of the report.

8.2  Ref:   HC/INBS/300
Applicant: Jane Dolina Wilson, 65 Cradlehall Park, Inverness, IV2 5DA
Premises: The Castle Tavern, 1 View Place, Inverness, IV2 4SA
Type:  On and Off Sales

Variation:

1. Inclusion of an extra outside drinking area adjacent to 1/2 View Place meaning an increase of 30 persons to the capacity at Section 7 of the operating plan.
2. On sales hours on Saturday to terminate at 01.00 hrs rather than 00.30 hrs.
3. On and off sales to commence at 11.00 hrs on Sunday.
4. Section 6(d) of operating plan to be amended to read: "Children and young persons are welcome at management discretion in the lounge bar and adjacent terrace(s) until 22.00 hrs or until a meal has been finished. In the upstairs restaurant children and young persons are welcome until 23.00 hrs.  In the event of a private function in the Restaurant area children and young persons may be permitted for the duration of the function at management discretion.
5. Additional paragraph to add to description: "In 2019 an additional outside drinking area was created opposite the entrance to Inverness Castle."

There had been circulated Report No HLB/072/19 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, existing local conditions and additional local conditions (o) and (p) as set out at 8.2 of the report.

Additional local conditions (m) and (n) as set out at 8.2 of the report were amended to read as follows:-

(m) After 22:00 hours, alcoholic or non-alcoholic drinks shall not be consumed in the additional outdoor drinking area adjacent to 1/2 View Place; and

(n) No live or recorded music shall be played in the additional outdoor drinking area adjacent to 1/2 View Place.

8.3  Ref: HC/INBS/314
Applicant: Platform Public Relations Limited, The Old Station, Station Road, Beauly, IV4 7EG per MacDonald Licensing, 21a Rutland Square, Edinburgh, EH1 2BB
Premises: Archdale Guest House, High Street, Beauly, IV4 7BT
Type: On Sales

Variation:

1. To commence on sale hours from 10.00 hrs each day. Hours prior to 12.00 hrs will only be for the purpose of tutorial/events taking place on the premises.
2. The premises are a Guest House, but will specialise in the business of providing tutorials/events based on the history and culture of Scotland through food and drink. Guests pre-book online or by 'phone. There may also be pop up restaurant evenings with guest chefs.
3. To add off sales from 10.00-22.00 hrs each day. The off sales facility would be used in connection with guests purchasing products highlighted at such events.
4. To add recorded music, receptions, live performances and club or other group meetings as activities. Live performances will be ancillary to such events.
5. Meals and snacks may be made available to residents and those attending functions/events, or for 'pop up' restaurant evenings.
6. Due to the residential nature of this business, activities such as televised sport and recorded music may be available at any time.
7. To amend rules for access by children and young persons so that children under eleven will not be permitted at events and children under five will not be permitted to restaurant evenings. Children will require to vacate the premises by 23.00 hrs, unless residents.
8. To substitute a new Layout Plan showing the reconfiguration of the premises, particularly the bedrooms which have been reduced in number to 4 suites.
9. Description to read: "Guest house consists or 4 suites, with limited catering facilities, being a self-standing building located on the High Street in Beauly".

There had been circulated Report No HLB/073/19 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, existing local conditions and the additional local condition (g) as set out at 8.2 of the report.

8.4  Ref: HC/INBS/306
Applicant: Priory Hotels Ltd, The Square, Beauly, IV4 7BX
Premises: Priory Hotel, The Square, Beauly, IV4 7BX
Type: On and Off Sales

Variation:

1. On and off sales to commence at 11.00 hrs on Sunday.
2. Terminal hour on Saturday and Sunday to be 01.00 hrs.
3. Seasonal variations to take account of the Festive Policy and other specific dates.

There had been circulated Report No HLB/074/19 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, existing local conditions and the additional local condition (k) and special conditions as set out at 8.2 and 8.3 respectively of the report.

8.5  Ref: HC/RSL/1803
Applicant: Mars Black Sheep Hotels Limited, per Twin Deer Law, Lochaber Rural Complex, Fort William, PH33 6SQ
Premises: Whispering Pine Lodge, Letterfinlay, Spean Bridge, PH34 4DZ
Type:  On and Off Sales

Variation:

1. Increase core off-sale opening hours to 1000 hours (previously 1100 hours).
2. Update children’s policy to reflect changes within premises.
3. Increase on-sales capacity from 140 persons to 167 persons.
4. Revised layout of premises following complete reconfiguration of premises including an additional basement area accommodating guest bedrooms and spa/treatment rooms; addition of two self-contained letting apartments within grounds of premises and increase in number of guest bedrooms from 13 to 25.
5. Revision to description of premises to reflect refurbishment of hotel.
6. Other activities that will be provided in addition to supply of alcohol to include professional spa treatments.
7. Change of name of premises to Whispering Pine Lodge.

There had been circulated Report No HLB/075/19 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 existing local conditions.

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

Variation:

1. Layout plan – (i) increase number of letting bedrooms from 34-38 by linking main building and annex together; (ii) reconfigure car park area to rear of premises to create an ornamental garden area (Courtyard Gardens). No change to main carpark or other garden areas;
2. Amend premises description to reflect additional bedrooms and inclusion of the ornamental garden.

There had been circulated Report No HLB/076/19 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 existing local conditions.

8.7  Ref: HC/RSL/0129
Applicant: Mars Highlands Development Limited, per Twin Deer Law, Lochaber Rural Complex, Fort William, PH33 6SQ
Premises: Rokeby Manor (formerly Craigard Guest House), Invergarry, PH35 4HG
Type: On Sales

There had been circulated Report No HLB/068/18 by the Clerk which invited the Board to determine the application.

The Licensing Standards Officer confirmed that the premises was previously run under the old licensing system as a bed and breakfast/restricted hotel but had recently undergone an extensive refurbishment.  The original application (prior to amendment) had attracted some observations from the community and objections.  In view of this, the applicant had amended the application.  He confirmed that the amended application, in his view, sat within the licensing objectives.

The applicant’s solicitor confirmed that the original application extended the scope of the licence beyond what they really intended.  The original intention was to create some uniformity across their three hotels; however, they had amended this application to effectively revert back to a restricted hotel type operation (as set out at 4.7 of the report), which takes into account the objections.

The objector outlined his concern that if the premises started to hold functions, it could potentially take away business from the local community hall.  It was confirmed by the applicant’s solicitor that the dining room only does 40 covers and wasn’t looking to take on large functions.

The Board AGREED to GRANT the major variation to premises licence (as amended by the applicant and set out at 4.7 of the report) subject to mandatory conditions and the local conditions (a), (b), (c) and (k) as set out at 8.2 of the report.

9.  Surrender of premises licence
Gèilleadh ceadachd togalaich

9.1 Premises: Knocktulchan Lodge, Tulchan Sporting Estate, Advie, Grantown on Spey, PH26 3PW
Licence Holder: Tulchan Sporting Estates Ltd, Advie, Grantown on Spey, PH26 3PW

The Board NOTED the above premises licence had been surrendered in terms of Section 28(5)(f) of the Licensing (Scotland) Act 2005.

9.2 Premises: Inverness College UHI, 1 Inverness Campus, Inverness, IV5 5NA
Licence Holder: Inverness College UHI, 1 Inverness Campus, Inverness, IV2 5NA

The Board NOTED the above premises licence had been surrendered in terms of Section 28(5)(f) of the Licensing (Scotland) Act 2005.

9.3 Premises: Ackergill Tower, Ackergill, Wick
Licence Holder: Clarenco LLP, Clarenco House, Stockenchurch Business Park, Stockenchurch

The Board NOTED the above premises licences had been surrendered in terms of Section 28(5)(f) of the Licensing (Scotland) Act 2005.

The meeting ended at 2.00pm.