5 November 2019: Highland Licensing Board

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, 5 November 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

2Declarations 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 1 October 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/100/19 detailing Licences which have been granted under delegated powers by the Clerk to the Board during the period 19 September 2019 to 23 October 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/101/19 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 2019 to 23 October 2019 and inviting the Board to note 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/INBS/647
Applicant:
Antonio Bendetto Vastano, Loch Insh View, The Brae, Kincraig, PH21 1NA
Premises: Old Post Office Café/Gallery, Kincraig, PH21 1NA
Type: On and off sales

There is circulated Report No HLB/102/19 (pp 37 - 40) by the Clerk.

6.2  Ref: HC/RSL/1923
Applicant:
Mary I M Dobson
Premises: The Croft Café, South Side, Duirinish, By Kyle, IV40 8BE
Type: On and off sales

There is circulated Report No HLB/103/19 (pp 41 - 46) by the Clerk.

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

7.1  Ref: HC/INBS/648
Applicant:
Molo Hotels (Inverness) Limited, 1a Moorings, Dane Road Industrial Estate, Sale, Cheshire, M33 7BH per TLT LLP, 140 West George Street, Glasgow, G2 2HG
Premises:  Courtyard by Marriott, Inverness Airport, Fression Circle, Dalcross, Inverness, IV2 7BL
Type:  On and off sales

There is circulated Report No HLB/104/19 (pp 47 - 50) by the Clerk.

7.2  Ref: HC/CSR/1925
Applicant:
The Co-operative Group Food Limited per Hill Brown Licensing, RWF House, 5 Renfield Street, Glasgow
Premises:  Co-op, 110 High Street, Invergordon
Type:  Off Sales

There is circulated Report No HLB/105/19 (pp 51 - 54) by the Clerk.

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/497
Applicant
:  Whitbread Group plc, Houghton Hall Business Park, Porz Avenue, Dunstable, Bedfordshire, LU5 5XE per John Gaunt & Partners, Solicitors, Omega Court, 372-374 Cemetery Road, Sheffield, S11 8FT
Premises:  Premier Inn, Loch Ness House Hotel, Glenurquhart Road, Inverness, IV3 5TD
Type: On and off sales

Variation:

  1. To expand the licence to include an extension to the existing Premier Inn accommodation forming part of the building at this site. The current licence is based on a residential occupancy of 76 bedrooms with an average occupancy of 2-3 persons.  The proposed extension will provide an additional 54 bedrooms over three floors. The overall capacity of the premises thereby increasing by 162 persons.  The applicant seeks to reflect the upgraded capacity in the operating plan as follows:

            On Sales – 703

            Accommodation - 397

The off sales area and capacity breakdown in respect of the bar and  restaurant remains as currently approved.

Access to the premises and the remainder of the licensed area is unaffected.  The extension will run a direct continuation of the existing Premier Inn.

  1. To approve the layout changes as detailed on the plans submitted to the  Highland Licensing Board.  The restaurant is unaffected by the works.  The updated plans incorporate the 54 additional bedrooms within the licensed area.

There is circulated Report No HLB/106/19 (pp 55 - 58) by the Clerk.

8.2  Ref:  HC/CSR/1088
Applicant
:  Royal Dornoch Golf Club, Golf Road, Dornoch, IV25 3LW
Premises:  Royal Dornoch Golf Club, Golf Road, Dornoch, IV25 3LW
Type: On and Off Sales

Variation:

  1. Vary operating plan to show addition of off sales from display cabinet within the Golf Pro Shop.
  2. Vary layout plan to incorporate off sales from Golf Pro Shop on ground floor.
  3. Amend description of premises to include provision of off sales from the Golf Pro Shop.

There is circulated Report No HLB/107/19 (pp 59 - 62) by the Clerk.

9.  Surrender of premises licence
Gèilleadh ceadachd togalaich

9.1  Premises:  Skye Picture House, Broadford, Isle of Skye, IV49 9AJ
Licence Holder:  Stuart Brumpton

9.2  Premises:   151 High Street, Fort William, PH33 6EA
Licence Holder: Helen Smith

9.3  Premises: Heilan Coo Shoppy, Plantation, Fort William
Licence Holder : Helen Smith

9.4  Premises: Auldearn Post Office & Store, High Street, Auldearn, IV12 5TH
Licence Holder : Sally Worthley

9.5  Premises: The Mace Shop, 14 Mill Street, Dingwall
Licence Holder : David MacFarlane

9.6  Premises: So CoCo, 1 High Street, Inverness, IV1 1HY
Licence Holder : Caledonian Coffee Company Ltd

9.7  Premises: Kinkell House Hotel, Easter Kinkell, Conon Bridge
Licence Holder : Colux Ltd

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

Minutes

Read the Minutes

Minute of the meeting of the Highland Licensing Board held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness, Tuesday 5 November 2019 at 1.00 pm.

Present:

Mr J Bruce, Mr A Jarvie, Ms E Knox, Mrs L Macdonald (Convener) and 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
Mr J Williamson, Police Scotland

Item 7.1: Mr M McDougall, solicitor and Ms I Davies, general manager
Item 7.2: Ms E McGuire, solicitor and Mrs L Davidson, store manager
Item 8.1: Mr P Pokretowski, general manager

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.

The Convener thanked Dr I Cockburn and Mrs P Munro for their time on the Highland Licensing Board.  She advised that Mr B Thompson and Mr A Sinclair had been appointed to the Licensing Board following the meetings of the Highland Council on 5 September and 31 October 2019 and it was hoped they would be able to participate shortly following completion of their mandatory training and passing their assessment.

1.  Apologies for Absence
Leisgeulan

Apologies for absence were intimated on behalf of Mr G Cruickshank, Mr D MacPherson and Mr K Rosie.

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 1 October 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/100/19 detailing licences which had been granted under delegated powers by the Clerk to the Board during the period 19 September 2019 to 23 October 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/101/19 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 2019 to 23 October 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/INBS/647
Applicant:
Antonio Bendetto Vastano, Loch Insh View, The Brae, Kincraig, PH21 1NA
Premises: Old Post Office Café/Gallery, Kincraig, PH21 1NA
Type: On and off sales

There had been circulated Report No HLB/102/19 by the Clerk which invited the Board to determine the application.

The Committee AGREED to GRANT the application for a new premises licence subject to the mandatory conditions only.

6.2  Ref: HC/RSL/1923
Applicant:
Mary I M Dobson
Premises: The Croft Café, South Side, Duirinish, By Kyle, IV40 8BE
Type: On and off sales

There had been circulated Report No HLB/103/19 by the Clerk which invited the Board to determine the application. 

A late representation had been received, the reason provided for the late representation was that the person had only just heard about the application.  Members agreed to accept the late representation and the Clerk read out the letter of support to the Board.

The Licensing Standards Officer (LSO) advised that these were well run premises..  He advised that most of the content of the one objection related to planning and environmental health matters and not licensing issues, which the objector had accepted after speaking to the LSO  There were no licensing grounds to refuse this application. 

The Committee AGREED to GRANT the application for a new premises licence subject to the mandatory conditions and local conditions (l), (m) and (n(1)) as set out at 7.2 of the report.

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

7.1  Ref: HC/INBS/648
Applicant:
Molo Hotels (Inverness) Limited, 1a Moorings, Dane Road Industrial Estate, Sale, Cheshire, M33 7BH per TLT LLP, 140 West George Street, Glasgow, G2 2HG
Premises:  Courtyard by Marriott, Inverness Airport, Fression Circle, Dalcross, Inverness, IV2 7BL
Type:  On and off sales

There had been circulated Report No HLB/104/19 by the Clerk which invited the Board to determine the application.

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

7.2  Ref: HC/CSR/1925
Applicant:
The Co-operative Group Food Limited per Hill Brown Licensing, RWF House, 5 Renfield Street, Glasgow
Premises:  Co-op, 110 High Street, Invergordon
Type:  Off Sales

There had been circulated Report No HLB/105/19 by the Clerk which invited the Board to determine the application.

The Committee AGREED to GRANT the application for a provisional premises licence subject to the mandatory conditions only.

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/497
pplicant
:  Whitbread Group plc, Houghton Hall Business Park, Porz Avenue, Dunstable, Bedfordshire, LU5 5XE per John Gaunt and Partners, Solicitors, Omega Court, 372-374 Cemetery Road, Sheffield, S11 8FT
Premises:  Premier Inn, Loch Ness House Hotel, Glenurquhart Road, Inverness, IV3 5TD
Type: On and off sales

 There had been circulated Report No HLB/106/19 by the Clerk which invited the Board to determine the application.

The Committee AGREED to GRANT the major variation to premises licence subject to mandatory conditions and the existing local conditions.

8.2  Ref:  HC/CSR/1088
Applicant
:  Royal Dornoch Golf Club, Golf Road, Dornoch, IV25 3LW
Premises:  Royal Dornoch Golf Club, Golf Road, Dornoch, IV25 3LW
Type: On and Off Sales

There had been circulated Report No HLB/107/19 by the Clerk which invited the Board to determine the application.

The Committee AGREED to GRANT the major variation to premises licence subject to mandatory conditions and the existing local conditions.

9.  Surrender of premises licence
Gèilleadh ceadachd togalaich

9.1  Premises:  Skye Picture House, Broadford, Isle of Skye, IV49 9AJ
Licence Holder:  Stuart Brumpton

9.2  Premises:   151 High Street, Fort William, PH33 6EA
Licence Holder: Helen Smith

9.3  Premises: Heilan Coo Shoppy, Plantation, Fort William
Licence Holder : Helen Smith

9.4  Premises: Auldearn Post Office and Store, High Street, Auldearn, IV12 5TH
Licence Holder : Sally Worthley

9.5  Premises: The Mace Shop, 14 Mill Street, Dingwall
Licence Holder : David MacFarlane

9.6  Premises: So CoCo, 1 High Street, Inverness, IV1 1HY
Licence Holder : Caledonian Coffee Company Ltd

9.7  Premises: Kinkell House Hotel, Easter Kinkell, Conon Bridge
Licence Holder : Colux Ltd

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

The meeting concluded at 1.15 pm.