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, 1 October 2019 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
Claire McArthur
Clerk to the Licensing Board
Business
1. Apologies for absence
Leisgeulan
2. Declarations of interest
Foillseachaidhean com-pàirt
Members are asked to consider whether they have an interest to declare in relation to any item on the agenda for this meeting. Any Member making a declaration of interest should indicate whether it is a financial or non-financial interest and include some information on the nature of the interest. Advice may be sought from Officers prior to the meeting taking place.
3. Confirmation of minutes
Dearbhadh a’ gheàrr-chunntais
There is submitted for confirmation as a correct record the minute of the meeting of the Highland Licensing Board held on 6 August 2019.
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/078/19 detailing Licences which have been granted under delegated powers by the Clerk to the Board during the period 25 July 2019 to 18 September 2019 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/079/19 detailing Occasional Licences and Extended Hours Applications which have been granted under delegated powers by the Clerk to the Board during the period 25 July 2019 to 18 September 2019 and inviting the Board to note the Report.
6. Chief Constable’s Report 2018 to 2019
Aithisg an Àrd-Chonstabail 2018 gu 2019
There is circulated the Chief Constable’s Report to the Highland Licensing Board for the period 1 April 2018 to 31 March 2019.
7. Festive Period Dates 2019/2020
Cinn-latha Ràithe na Nollaige 2019-2020#
Members are invited to note that the dates between which festive period hours under the Board’s Policy Statement may be permitted in 2019/20 have been agreed under delegated powers as follows:
|
Description of Premises:
|
Terminal Hour: |
Period which may be applied for: |
|---|---|---|
|
Late night opening premises (as defined in section 2.3 of the Board’s Policy Statement 2018-23)
Other premises |
0400 hrs
0200 hrs |
From Friday 6 December 2019 (allowing extensions to licensed hours commencing Thursday 5 December into Friday 6 December);
To Friday 3 January 2020 (allowing extensions to licensed hours commencing on Thursday 2 January into Friday 3 January only). |
A supplementary policy statement was adopted by the Highland Licensing Board on 18 January 2019 in relation to extended hours during the festive period. This supersedes the third paragraph of section 2.3 of the Board’s Policy Statement 2018-2023. Premises will generally be granted the above extended hours on the following days within the festive period:
Thursdays, Fridays, Saturdays and Christmas Eve, Christmas Day, Boxing Day, Hogmanay and New Year’s Day (irrespective of which days of the week these fall on).
8. Licensing (Scotland) Act 2005
Applications for new premises licences
Achd na Ceadachd (Alba) 2005
Larrtas airson cheadachdan thogalaichean ura
8.1 Ref: HC/INBS/642
Applicant: Cairngorm Mountain (Scotland) Ltd, An Lochan, 10 Inverness Campus, Inverness, IV2 5NA
Premises: The Day Lodge, Cairngorm Mountain (Scotland) Ltd, Cairngorm Ski Area, Aviemore, PH22 1RB
Type: On and off sales
There is circulated Report No HLB/080/19 by the Clerk.
8.2 Ref: HC/INBS/644
Applicant: Highfern Ltd, 109 Douglas Street, Glasgow, G2 4HB
Premises: Highfern Ltd, Workshop/Studio, Glencurr, Dulnain Bridge, Grantown on Spey, PH26 3LU
Type: Off sales
There is circulated Report No HLB/081/19 by the Clerk.
8.3 Ref: HC/INBS/645
Applicant: Partnership of Anika Schulz and Andreas Schulz, Cawdor House, 7 Cawdor Street, Nairn, IV12 4QD
Premises: Cawdor House, 7 Cawdor Street, Nairn, IV12 4QD
Type: On and off sales
There is circulated Report No HLB/082/19 by the Clerk.
8.4 Ref: HC/CSR/1919
Applicant: Nautilius Gin Foundry Ltd
Premises: The Coach House, Balinroich, Fearn
Type: Off Sales
There is circulated Report No HLB/083/19 by the Clerk.
8.5 Ref: HC/CSR/1920
Applicant: Greg Hooker
Premises: Puldagon Farm Shop and Restaurant, Upper Puldagon, Stirkoke, Wick
Type: On and Off Sales
There is circulated Report No HLB/084/19 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/641
Applicant: The Cairngorm Brewing Company Ltd, 12 Dalfaber Industrial Estate, Dalfaber Drive, Aviemore, PH22 1ST
Premises: Cairngorm Brewery, 96 Academy Street, Inverness, IV1 1LU
Type: On and off sales
There is circulated Report No HLB/085/19 by the Clerk.
9.2 Ref: HC/INBS/643
Applicant: Siu Ping Liu, 49 High Street, Kingussie, PH21 1HX
Premises: Galaxy World Buffet Restaurant, Myrtlefield House, Grampian Road, Aviemore, PH22 1RH
Type: On sales
There is circulated Report No HLB/086/19 by the Clerk.
9.3 Ref: HC/INBS/646
Applicant: Cairngorm Gin Company Limited, 4th Floor, Metropolitan House, 31-33 High Street, Inverness, IV1 1HT per Janet Hood Training and Consulting Limited,
Kirkton of Balfour, Edzell, Brechin, Angus, DD9 7XU
Premises: Caralan, Carr Road, Carrbridge, PH23 3AD
Type: Off sales
There is circulated Report No HLB/087/19 by the Clerk.
9.4 Ref: HC/CSR/1915
Applicant: Andrea Bristow per Inn Business (Scotland) Limited, Springfield House, Laurelhill Business Park, Stirling, FK7 9JQ
Premises: The Wild Orchid Guest House, Durness, IV27 4PN
Type: On Sales
There is circulated Report No HLB/088/19 by the Clerk.
9.5 Ref: HC/CSR/1918
Applicant: Lochinver Larder Limited, per ADW Licensing, CBC House, 24 Canning Street, Edinburgh, EH3 8EG
Premises: The Caberfeidh Bar and Restaurant, Main Street, Lochinver, IV27 4JY
Type: On and Off Sales
There is circulated Report No HLB/089/19 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/110
Applicant: JD Wetherspoon (Scot) Ltd, c/o Brunton Miller, 22 Herbert Street, Glasgow, G22 6NB
Premises: The Kings Highway, 72-74 Church Street, Inverness, IV1 1EN
Type: On and off sales
Variation:
(1) Removal of the requirement to have stewarding on Sunday.
There is circulated Report No HLB/090/19 by the Clerk.
10.2 Ref: HC/INBS/546
Applicant: Aldi Stores Limited, Holly Lane, Atherstone, Warwickshire, CV9 2SQ, per TLT LLP, Solicitors, 140 West George Street, Glasgow, G2 2HG
Premises: Aldi Stores, Inshes Retail Park, Inverness, IV2 3TW
Type: Off sales
Variation:
(1) Q5(f) – add the following wording – Sale of other goods consistent with the business of a supermarket including outwith core hours.
(2) Q7 – increase alcohol display to 31.51426 M2.
(3) Change layout including relocation of alcohol display area resulting in an increase of alcohol display to 31.51426 M2 (plans enclosed).
There is circulated Report No HLB/091/19 by the Clerk.
10.3 Ref: HC/INBS/489
Applicant: The Edinburgh Woollen Mill Limited, Waverley Mills, Langholm, Dumfriesshire, DG 13 0EB per TLT LLP, Solicitors, Hobart House, 80 Hanover Street, Edinburgh, EH2 1EL
Premises: James Pringle Weaver of Inverness, 21 Bridge Street, Inverness, IV1 1HG
Type: Off sales
Variation:
(1) At Q3 amend the terminal hour for off sales to 22.00 hrs Monday-Sunday.
(2) At Q4 change from yes to no so that the premises will not operate according to seasonal demand and delete the narrative.
(3) At Q5 amend so to introduce permission for club or other group meetings both during and outwith licensed hours.
(4) At Q5(c) in relation to:
- live performances amend so to permit this activity during and outwith licensed hours.
(5) At the box detailing column 4 entries, amend the wording to read: "The premises may be used for various activities as noted above outwith core licensing hours. During this time the activities may be provided but no alcohol will be sold outwith the core licensed hours" and delete the existing narrative.
(6) At Q5(f) insert: "The retail sales of a wide range of goods, including clothing, woollens, shoes, golf equipment, household items, etc. Tastings will take place. Santa's grotto may be available throughout the months of November and December".
There is circulated Report No HLB/092/19 by the Clerk.
10.4 Ref: HC/INBS/131
Applicant: The Edinburgh Woollen Mill Limited, Waverley Mills, Langholm, Dumfriesshire, DG 13 0EB per TLT LLP, Solicitors, Hobart House, 80 Hanover Street, Edinburgh, EH2 1EL
Premises: The Edinburgh Woollen Mill, 28/30 High Street, Inverness, IV1 1JQ
Type: Off sales
Variation:
(1) At Q3 amend the opening time for off sales from 12.30 hrs to 10.00 hrs on Sunday.
(2) At Q4 change from yes to no so that the premises will not operate according to seasonal demand and delete the narrative.
(3) At Q5 amend so to introduce permission for club or other group meetings both during and outwith licensed hours.
(4) At Q5(c) in relation to:
- recorded music amend so to permit this activity during and outwith licensed hours.
- live performances amend so to permit this activity during and outwith licensed hours.
(5) At the box detailing column 4 entries, amend the wording to read: "The premises may be used for various activities as noted above outwith core licensing hours. During this time the activities may be provided but no alcohol will be sold outwith the core licensed hours".
(6) At Q5(f) insert: "The retail sales of a wide range of goods, including clothing, woollens, shoes, golf equipment, household items, etc. Tastings will take place. Santa's grotto may be available throughout the months of November and December".
There is circulated Report No HLB/093/19 by the Clerk.
10.5 Ref: HC/INBS/443
Applicant: The Edinburgh Woollen Mill Limited, Waverley Mills, Langholm, Dumfriesshire, DG 13 0EB per TLT LLP, Solicitors, Hobart House, 80 Hanover Street, Edinburgh, EH2 1EL
Premises: The Highlander, 6-8 Bridge Street, Inverness, IV1 1HD
Type: Off sales
Variation:
(1) At Q3 amend the opening hour for off sales to 10.00 hrs on a Sunday and amend the terminal hours for off sales to 22.00 hrs on a Monday-Sunday.
(2) At Q4 change from yes to no so that the premises will not operate according to seasonal demand and delete the narrative.
(3) At Q59b) amend so to introduce permission for Club or other group meeting both during and outwith licensed hours.
(4) At Q5(c) in relation to:
- live performances amend so to permit this activity during and outwith licensed hours.
(5) At the box detailing column 4 entries, amend the wording to read: "The premises may be used for various activities as noted above outwith core licensing hours. During this time the activities may be provided but no alcohol will be sold outwith the core licensed hours" and delete the existing narrative.
(6) At Q5(f) insert: "The retail sales of a wide range of goods, including clothing, woollens, shoes, golf equipment, household items, etc. Tastings will take place. Santa's grotto may be available throughout the months of November and December" and delete the existing narrative.
There is circulated Report No HLB/094/19 by the Clerk.
10.6 Ref: HC/INBS/107
Applicant: The Edinburgh Woollen Mill Limited, Waverley Mills, Langholm, Dumfriesshire, DG 13 0EB per TLT LLP, Solicitors, Hobart House, 80 Hanover Street, Edinburgh, EH2 1EL
Premises: Speyside Woollen Company, Units 14 and 15, The Station, Aviemore, PH22 1RH
Type: Off sales
Variation:
(1) At Q3 amend opening time of off sales from 12.30 hrs to 10.00 hrs on Sunday and amend the terminal hours for off sales to 22.00 hrs Monday-Sunday.
(2) At Q4 change from yes to no so that the premises will not operate according to seasonal demand and delete the narrative.
(3) At Q5 amend so to introduce permission for club or other group meetings both during and outwith licensed hours.
(4) At Q5(c) in relation to:
- recorded music amend so to permit this activity during and outwith core licensed hours.
- live performances amend so to permit this activity during and outwith licensed hours.
(5) At the box detailing column 4 entries, amend the wording to read: "The premises may be used for various activities as noted above outwith core licensing hours. During this time the activities may be provided but no alcohol will be sold outwith the core licensed hours".
(6) At Q5(f) insert: "The retail sales of a wide range of goods, including clothing, woollens, shoes, golf equipment, household items, etc. Tastings will take place. Santa's grotto may be available throughout the months of November and December".
There is circulated Report No HLB/095/19 the Clerk.
10.7 Ref: HC/INBS/381
Applicant: The Star Inn (Ardersier) Ltd, Elm House, Cradlehall Business Park, Inverness, IV2 5GH
Premises: The Star Inn, 8 High Street, Ardersier, IV2 7QB
Type: On and off sales
Variation:
(1) Change to description: 'The premises form a traditional licensed premises located on the High Street of Ardersier. The premises comprise a public bar and a lounge bar. There is a fully seated dining area on the ground floor accessed via the lounge bar. In addition, there is a further dining area on the second floor of the premises.
At the rear of the premises is an outside drinking area which extends over two levels.
The premises has a small car park for customers and full toilet facilities with baby changing.'
(2) Layout plans have been amended in order to incorporate restaurant areas on the first and ground floor of the premises which result in increased capacity at Section 7 of the operating plan.
The outside drinking area on the south side of the premises is now removed having become the downstairs dining area.
The outside drinking area to the rear of the premises has been extended and is now on two levels.
There is circulated Report No HLB/096/19 by the Clerk.
10.8 Ref: HC/RSL/1281
Applicant: Edinburgh Woollen Mill Limited, Waverley Mills, Langholm, Dumfriesshire, DG 13 0EB per TLT LLP, Solicitors, Hobart House, 80 Hanover Street, Edinburgh, EH2 1EL
Premises: Portree Knitwear, 11 Wentworth Street, Portree, Isle of Skye, IV51 9EJ
Type: Off Sales
Variation:
- At Q3 amend opening time for off sales from 1230 hours to 1000 hours on a Sunday and amend the terminal hour for off sales to 2200 hours Monday to Sunday;
- At Q4 change from Yes to No so that the premises will not operate according to seasonal demand;
- At Q5(b) amend to introduce permission for club and other group meetings both during and outwith licensed hours;
- At Q5(c) amend to introduce permission for live performances both during and outwith licensed hours;
- At the box detailing column 4 delete current wording and insert the following wording: “the premises may be used for various activities as noted above outwith core licensing hours. During this time the activities may be provided but no alcohol will be sold outwith the core licensed hours”;
- At Q5(f) delete the current wording and insert the following wording: “the retail sale of a wide range of goods including clothing, woollens, shoes, golf equipment, household items etc. Retail sales may take place within and outwith core licensed hours. Tastings will take place. Santa’s grotto may be available throughout the months of November and December”.
There is circulated Report No HLB/097/19 by the Clerk.
10.9 Ref: HC/RSL/1389
Applicant: Maurice Vallely per MacPhee and Partners, Solicitors, Airds House, An Aird, Fort William, PH33 6BL
Premises: The Stronlossit Inn, Roy Bridge, PH31 4AG
Type: Off Sales
Variation:
(1) increase footprint of premises to accommodate new cellar at rear of premises.
(2) increase core on-sale hours to 1100 hours to 0100 hours, Monday to Sunday.
(3) increase core off-sale hours to 1000 hours to 2200 hours, Monday Sunday.
There is circulated Report No HLB/098/19 by the Clerk.
10.10 Ref: HC/CSR/0221
Applicant: The Edinburgh Woollen Mill Limited
Premises: West Highland Woollen Company, 5 Shore Street, Ullapool
Type: Off Sales
Variation:
- increase off-sales hours on Monday to Sunday to terminate at 2200 hrs
- remove seasonal variation
- to list of activities/services provided during and outwith core hours add club or other group meetings, recorded music and live performances and add explanation for provision outwith licensed hours
- add details of other activites provided
There is circulated Report No HLB/099/19 by the Clerk.
11. Surrender of premises licence
Gèilleadh ceadachd togalaich
11.1 Premises: Torvean Golf Club, Glenurquhart Road, Inverness, IV3 8JN
Licence Holder: Torvean Golf Club, Glenurquhart Road, Inverness, IV3 8JN
11.2 Premises: The Storehouse, Cairngorm Mountain, Cairngorm Ski Area, Aviemore, PH22 1RB
Licence Holder: Cairngorm Ski Area, Aviemore, PH22 1RB
11.3 Premises: Brooklynn, Grant Road, Grantown-on-Spey,PH26 3LA
Licence Holder: Silvia Woodier, Brooklyn, Grant Road, Grantown-on-Spey, PH26 3LA
11.4 Premises: Elephants in the Pantry, 50-52 High Street, Grantown-on-Spey, PH26 3EH
Licence Holder: Nicola Dingwall, Craigdhu, Woodside Avenue, Grantown-on-Spey, PH26 3JR
11.5 Premises: Grants at Craigellachie, Ratagan, Glenshiel, Kyle, IV40 8HP
Licence Holder: Grants at Craigellachie Ltd, Ratagan, Glenshiel, Kyle, IV40 8HP
11.6 Premises: Dows Stores, Deshar Road, Boat of Garten, PH24 3BN
Licence Holder: Partnership of Dows, Deshar Road, Boat of Garten, Ph24 3BN
11.7 Premises: The Ptarmigan, Cairngorm Mountain, Cairngorm Ski Area, Aviemore, PH22 1RB
Licence Holder: Cairngorm Mountain Ltd, Cairngorm Ski Area, Aviemore, PH22 1RB
11.8 Premises: West End Stores, Main Street, Golspie
Licence Holder: Naseem Sarwar
11.9 Premises: Highland Groceries, Great North Road, Muir of Ord
Licence Holder: Mohammed Chaudhry
11.10 Premises: Mey House, East Mey, by Thurso
Licence Holder: The Mey House, Partnership
11.11 Premises: Spiral Café and Bistro, Strath, Gairloch
Licence Holder: Kieran Hennessey
11.12 Premises: The Old Minister’s Guest House, Rothiemurchus, Aviemore, PH22 1QH
Licence Holder: Aviemore Gin Society Limited
The above Premises Licences have been surrendered in terms of Section 28(5)(f).
12. Appointment of Chair
Suidheachadh de Chathraiche
Nominations are invited for the post of Convenor of the Highland Licensing Committee.
Minutes
Read the Minutes
Minute of the meeting of the Highland Licensing Board held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness, Tuesday 1 October 2019 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, Mr C Smith.
In Attendance:
Ms C McArthur, Clerk
Mr I Meredith, Depute Clerk
Mr G Cameron, Licensing Standards Officer
Mr I Cox, Licensing Standards Officer
Mrs A MacArthur, Administrative Assistant
Also In Attendance:
Sergeant K Duncan, Police Scotland
Item 8.2: R Ransom, applicant
Item 8.3: A Schulz, applicant
Item 9.1: C Loudon, solicitor and S Faircliff, representative
Item 9.2: S Liu, applicant, J Hed, representative and A Dickson, objector
Item 9.3: J Hood, solicitor and A Smith, representative
Item 9.5: A Williams, solicitor
Item 10.1: A MacIver, solicitor
Item 10.2: C Loudon, solicitor and P Boufield, representative
Item 10.3: C Loudon, solicitor
Item 10.4: C Loudon, solicitor
Item 10.5: C Loudon, solicitor
Item 10.6: C Loudon, solicitor
Item 10.8: C Loudon, solicitor
Item 10.10: C Loudon, solicitor
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
An apology for absence was intimated on behalf of Mr A Jarvie.
2. Declarations of Interest
Foillseachaidhean Com-pàirt
There were no declarations of interest.
3. Confirmation of minutes
Dearbhadh a’ gheàrr-chunntais
There was submitted for confirmation as a correct record the minute of the meeting of the Highland Licensing Board held on 6 August 2019.
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/078/18 detailing licences which had been granted under delegated powers by the Clerk to the Board during the period 25 July 2019 to 18 September 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/079/18 detailing occasional licences and extended hours applications which had been granted under delegated powers by the Clerk to the Board during the period 25 July 2019 to 18 September 2019.
The Board NOTED the report.
6. Chief Constable’s Report 2018 to 2019
Aithisg an Àrd-Chonstabail 2018 gu 2019
There had been circulated the Chief Constable’s Report to the Highland Licensing Board for the period 1 April 2018 to 31 March 2019.
Sergeant K Duncan, Police Scotland, presented the report. She reported that the number of offences in Highland was extremely low given the large number of licensed premises distributed across a vast geographical area. This reflected the success of the partnership working in the Highlands and she commended the joint approach over the period by Police Scotland, Licensing Standards Officers, licensing staff, licensees, and the Highland Licensing Forum. She also referred to the success of the Pubwatch scheme and initiatives such as Best Bar None in the area, details of which she provided.
In discussion, the fact there was no evidence or intelligence to suggest there was an issue with children illegally purchasing alcohol in the Board’s area was welcomed.
The Convener thanked Police Scotland for the positive report and commended the partnership working being undertaken across the Board’s area and also conveyed the Board’s thanks to the licensing trade for their good work.
The Board NOTED the report.
7. Festive Period Dates 2019/2020
Cinn-latha Ràithe na Nollaige 2019-2020
The Board NOTED that the dates between which festive period hours under the Board’s Policy Statement may be permitted in 2019/20 had been agreed under delegated powers as follows:
Description of Premises: Terminal Hour: Period which may be applied for:
Late night opening premises 0400 hrs From Friday 6 December 2019 (allowing extensions to licensed hours
(as defined in section 2.3 of commencing Thursday 5 December into Friday 6 December);
the Board’s Policy Statement 2018-23)
Other premises 0200 hrs To Friday 3 January 2020 (allowing extensions to licensed hours January into Friday 3 commencing on Thursday 2 January only).
It was noted that a supplementary policy statement had been adopted by the Highland Licensing Board on 18 January 2019 in relation to extended hours during the festive period. This superseded the third paragraph of section 2.3 of the Board’s Policy Statement 2018-2023. Premises would generally be granted the above extended hours on the following days within the festive period:
Thursdays, Fridays, Saturdays and Christmas Eve, Christmas Day, Boxing Day, Hogmanay and New Year’s Day (irrespective of which days of the week these fall on).
8. Licensing (Scotland) Act 2005
Applications for new premises licences
Achd na Ceadachd (Alba) 2005
Larrtas airson cheadachdan thogalaichean ura
8.1 Ref: HC/INBS/642
Applicant: Cairngorm Mountain (Scotland) Ltd, An Lochan, 10 Inverness Campus, Inverness, IV2 5NA
Premises: The Day Lodge, Cairngorm Mountain (Scotland) Ltd, Cairngorm Ski Area, Aviemore, PH22 1RB
Type: On and off sales
There had been circulated Report No HLB/080/19 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 condition as set out at 7.3 of the report.
8.2 Ref: HC/INBS/644
Applicant: Highfern Ltd, 109 Douglas Street, Glasgow, G2 4HB
Premises: Highfern Ltd, Workshop/Studio, Glencurr, Dulnain Bridge, Grantown on Spey, PH26 3LU
Type: Off sales
There had been circulated Report No HLB/081/19 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 condition as set out at 7.3 of the report.
8.3 Ref: HC/INBS/645
Applicant: Partnership of Anika Schulz and Andreas Schulz, Cawdor House, 7 Cawdor Street, Nairn, IV12 4QD
Premises: Cawdor House, 7 Cawdor Street, Nairn, IV12 4QD
Type: On and off sales
There had been circulated Report No HLB/082/19 by the Clerk which advised that timeous notices of objection to the application had been received from Mr and Mrs Sinclair, Richard and Fiona Paxton and Mrs Jocelyn Ward. The Board was invited to determine the application.
The Licensing Standards Officer reported that the applicant sought to sell alcohol solely to residential guests who had booked accommodation at this well run premises. This would be an ancillary service to the main business of providing accommodation and food. The applicant had traded for a number of weeks in this manner under occasional licences with no issues arising. He recommended that a condition be attached to any grant of a licence to the effect that after 2100 hours, alcohol or non-alcoholic drinks shall not be consumed in any outdoor drinking area. The applicant was content with this condition and had advised that she was on good terms with her neighbours. He was confident that if the application was granted, the premises would be operated within the licensing objectives.
Ms A Schulz, applicant, confirmed that alcohol would be sold to guests only and it was in her own interests to ensure there was no noise and disturbance arising as there were other guests staying in the premises.
In discussion, it was suggested that the concerns expressed by the objectors were not directly relevant to this application as the sale of alcohol would be to guests only.
The Board AGREED to GRANT the application for a new premises licence subject to mandatory conditions, the local conditions and the special condition as set out at 7.2 and 7.3 respectively of the report.
8.4 Ref: HC/CSR/1919
Applicant: Nautilius Gin Foundry Ltd
Premises: The Coach House, Balinroich, Fearn
Type: Off Sales
There had been circulated Report No HLB/083/19 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.
8.5 Ref: HC/CSR/1920
Applicant: Greg Hooker
Premises: Puldagon Farm Shop and Restaurant, Upper Puldagon, Stirkoke, Wick
Type: On and Off Sales
There had been circulated Report No HLB/084/19 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 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/641
Applicant: The Cairngorm Brewing Company Ltd, 12 Dalfaber Industrial Estate, Dalfaber Drive, Aviemore, PH22 1ST
Premises: Cairngorm Brewery, 96 Academy Street, Inverness, IV1 1LU
Type: On and off sales
There had been circulated Report No HLB/085/19 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 special conditions as set out at 7.2 and 7.3 respectively of the report
9.2 Ref: HC/INBS/643
Applicant: Siu Ping Liu, 49 High Street, Kingussie, PH21 1HX
Premises: Galaxy World Buffet Restaurant, Myrtlefield House, Grampian Road, Aviemore, PH22 1RH
Type: On sales
There had been circulated Report No HLB/086/19 by the Clerk which advised that a timeous notice of objection to the application had been received from Mr Alfred Dickson. The Board was invited the Board to determine the application.
The Licensing Standards Officer advised that the applicant was an experienced operator in the restaurant trade. The objection received in response to the application had focused on the conduct of another licensed premises nearer to the objector’s home. While he acknowledged the overall point being made by the objector that more licensed premises may lead to more noise disturbance, he did not consider this application would give rise to the issues which the objector had experienced in the past. He was confident that if the application was granted the premises would be operated within the licensing objectives.
Mr A Dickson, objector, advised that he was concerned that overspill leaving the restaurant at 11pm would filter into late opening premises which would exacerbate the problem he and other local residents had suffered with noise and disturbance associated with a premises located nearby.
The Board AGREED to GRANT the application for a provisional premises licence subject to mandatory conditions and the special condition as set out at 7.3 of the report.
9.3 Ref: HC/INBS/646
Applicant: Cairngorm Gin Company Limited, 4th Floor, Metropolitan House, 31-33 High Street, Inverness, IV1 1HT per Janet Hood Training and Consulting Limited,
Kirkton of Balfour, Edzell, Brechin, Angus, DD9 7XU
Premises: Caralan, Carr Road, Carrbridge, PH23 3AD
Type: Off sales
There had been circulated Report No HLB/087/19 by the Clerk which invited the Board to determine the application.
The Clerk circulated the Board with copies off the applicant’s delivery policy.
Ms J Hood, solicitor for the applicant, explained the delivery policy had been prepared to cover internet and telephone sales.
The Board AGREED to GRANT the application for a provisional premises licence subject to mandatory conditions and the special condition as set out at 7.3 of the report.
9.4 Ref: HC/CSR/1915
Applicant: Andrea Bristow per Inn Business (Scotland) Limited, Springfield House, Laurelhill Business Park, Stirling, FK7 9JQ
Premises: The Wild Orchid Guest House, Durness, IV27 4PN
Type: On Sales
There had been circulated Report No HLB/088/19 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 and the local conditions as set out at 7.2 of the report.
9.5 Ref: HC/CSR/1918
Applicant: Lochinver Larder Limited, per ADW Licensing, CBC House, 24 Canning Street, Edinburgh, EH3 8EG
Premises: The Caberfeidh Bar and Restaurant, Main Street, Lochinver, IV27 4JY
Type: On and Off Sales
There had been circulated Report No HLB/089/19 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 and the local conditions as set out at 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/INBS/110
Applicant: JD Wetherspoon (Scot) Ltd, c/o Brunton Miller, 22 Herbert Street, Glasgow, G22 6NB
Premises: The Kings Highway, 72-74 Church Street, Inverness, IV1 1EN
Type: On and off sales
There had been circulated Report No HLB/090/19 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 the existing local conditions with the removal of ‘Sunday’ from condition (v).
10.2 Ref: HC/INBS/546
Applicant: Aldi Stores Limited, Holly Lane, Atherstone, Warwickshire, CV9 2SQ, per TLT LLP, Solicitors, 140 West George Street, Glasgow, G2 2HG
Premises: Aldi Stores, Inshes Retail Park, Inverness, IV2 3TW
Type: Off sales
There had been circulated Report No HLB/091/19 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 only.
10.3 Ref: HC/INBS/489
Applicant: The Edinburgh Woollen Mill Limited, Waverley Mills, Langholm, Dumfriesshire, DG 13 0EB per TLT LLP, Solicitors, Hobart House, 80 Hanover Street, Edinburgh, EH2 1EL
Premises: James Pringle Weaver of Inverness, 21 Bridge Street, Inverness, IV1 1HG
Type: Off sales
There is circulated Report No HLB/092/19 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 only.
10.4 Ref: HC/INBS/131
Applicant: The Edinburgh Woollen Mill Limited, Waverley Mills, Langholm, Dumfriesshire, DG 13 0EB per TLT LLP, Solicitors, Hobart House, 80 Hanover Street, Edinburgh, EH2 1EL
Premises: The Edinburgh Woollen Mill, 28/30 High Street, Inverness, IV1 1JQ
Type: Off sales
There had been circulated Report No HLB/093/19 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 only.
10.5 Ref: HC/INBS/443
Applicant: The Edinburgh Woollen Mill Limited, Waverley Mills, Langholm, Dumfriesshire, DG 13 0EB per TLT LLP, Solicitors, Hobart House, 80 Hanover Street, Edinburgh, EH2 1EL
Premises: The Highlander, 6-8 Bridge Street, Inverness, IV1 1HD
Type: Off sales
There had been circulated Report No HLB/094/19 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 only.
10.6 Ref: HC/INBS/107
Applicant: The Edinburgh Woollen Mill Limited, Waverley Mills, Langholm, Dumfriesshire, DG 13 0EB per TLT LLP, Solicitors, Hobart House, 80 Hanover Street, Edinburgh, EH2 1EL
Premises: Speyside Woollen Company, Units 14 and 15, The Station, Aviemore, PH22 1RH
Type: Off sales
There had been circulated Report No HLB/095/19 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.
10.7 Ref: HC/INBS/381
Applicant: The Star Inn (Ardersier) Ltd, Elm House, Cradlehall Business Park, Inverness, IV2 5GH
Premises: The Star Inn, 8 High Street, Ardersier, IV2 7QB
Type: On and off sales
There had been circulated Report No HLB/096/19 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 (subject to amendment to condition (m)), existing special conditions and the additional special condition as set out at 7.3 of the report.
10.8 Ref: HC/RSL/1281
Applicant: Edinburgh Woollen Mill Limited, Waverley Mills, Langholm, Dumfriesshire, DG 13 0EB per TLT LLP, Solicitors, Hobart House, 80 Hanover Street, Edinburgh, EH2 1EL
Premises: Portree Knitwear, 11 Wentworth Street, Portree, Isle of Skye, IV51 9EJ
Type: Off Sales
There had been circulated Report No HLB/097/19 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 only.
10.9 Ref: HC/RSL/1389
Applicant: Maurice Vallely per MacPhee and Partners, Solicitors, Airds House, An Aird, Fort William, PH33 6BL
Premises: The Stronlossit Inn, Roy Bridge, PH31 4AG
Type: Off Sales
There had been circulated Report No HLB/098/19 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.
10.10 Ref: HC/CSR/0221
Applicant: The Edinburgh Woollen Mill Limited
Premises: West Highland Woollen Company, 5 Shore Street, Ullapool
There had been circulated Report No HLB/099/19 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 only.
11. Surrender of premises licence
Gèilleadh ceadachd togalaich
11.1 Premises: Torvean Golf Club, Glenurquhart Road, Inverness, IV3 8JN
Licence Holder: Torvean Golf Club, Glenurquhart Road, Inverness, IV3 8JN
11.2 Premises: The Storehouse, Cairngorm Mountain, Cairngorm Ski Area, Aviemore, PH22 1RB
Licence Holder: Cairngorm Ski Area, Aviemore, PH22 1RB
11.3 Premises: Brooklynn, Grant Road, Grantown-on-Spey,PH26 3LA
Licence Holder: Silvia Woodier, Brooklyn, Grant Road, Grantown-on-Spey, PH26 3LA
11.4 Premises: Elephants in the Pantry, 50-52 High Street, Grantown-on-Spey, PH26 3EH
Licence Holder: Nicola Dingwall, Craigdhu, Woodside Avenue, Grantown-on-Spey, PH26 3JR
11.5 Premises: Grants at Craigellachie, Ratagan, Glenshiel, Kyle, IV40 8HP
Licence Holder: Grants at Craigellachie Ltd, Ratagan, Glenshiel, Kyle, IV40 8HP
11.6 Premises: Dows Stores, Deshar Road, Boat of Garten, PH24 3BN
Licence Holder: Partnership of Dows, Deshar Road, Boat of Garten, Ph24 3BN
11.7 Premises: The Ptarmigan, Cairngorm Mountain, Cairngorm Ski Area, Aviemore, PH22 1RB
Licence Holder: Cairngorm Mountain Ltd, Cairngorm Ski Area, Aviemore, PH22 1RB
11.8 Premises: West End Stores, Main Street, Golspie
Licence Holder: Naseem Sarwar
11.9 Premises: Highland Groceries, Great North Road, Muir of Ord
Licence Holder: Mohammed Chaudhry
11.10 Premises: Mey House, East Mey, by Thurso
Licence Holder: The Mey House, Partnership
11.11 Premises: Spiral Café and Bistro, Strath, Gairloch
Licence Holder: Kieran Hennessey
11.12 Premises: The Old Minister’s Guest House, Rothiemurchus, Aviemore, PH22 1QH
Licence Holder: Aviemore Gin Society Limited
The Board NOTED the above Premises Licences had been surrendered in terms of Section 28(5)(f).
12. Appointment of Convenor
Suidheachadh de Chathraiche
The Clerk advised that Dr I Cockburn had intimated his resignation as Convenor with effect from 2 October 2019. She therefore invited nominations for the post of Convenor of the Highland Licensing Board.
The Convenor, Dr I Cockburn seconded by Mr K Rosie nominated the Vice Convenor, Mrs L Macdonald.
Mr C Smith seconded by Mr G Cruickshank nominated Mr A Jarvie.
On a vote being taken between, Mrs L Macdonald received 6 votes and Mr A Jarvie received 3 votes.
The Board thereafter AGREED to appoint Mrs L Macdonald as Convenor with effect from 2 October 2019, the votes having been cast as follows:
Votes for Mrs L Macdonald: Dr I Cockburn, Ms E Knox, Mrs L Macdonald, Mr D Macpherson, Mrs P Munro, Mr K Rosie
Votes for Mr A Jarvie: Mr C Smith, Mr G Gruickshank, Mr J Bruce
The Clerk then invited nominations for the post of Vice-Convenor of the Board.
Mr C Smith seconded by Mr J Bruce nominated Mr A Jarvie.
Mr K Rosie seconded by Mrs L Macdonald nominated Ms E Knox.
On a vote being taken between the two candidates, Mr A Jarvie received 3 votes and Ms E Knox received 6 votes.
The Board thereafter AGREED to appoint Ms E Knox as Vice Convenor with effect from 2 October, the votes having been cast as follows:
Votes for Mr A Jarvie: Mr C Smith, Mr G Gruickshank, Mr J Bruce
Votes for Ms E Knox: Dr I Cockburn, Ms E Knox, Mrs L Macdonald, Mr D Macpherson, Mrs P Munro, Mr K Rosie
The meeting ended at 1.40pm.