6 August 2013: Highland Licensing Board

Committees

A meeting of the Highland Licensing Board will take place in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Tuesday, 6 August 2013 at 12.00 noon (following the Highland Licensing Committee commencing 10.30 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

Alaisdair H Mackenzie
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:

i. Minute of the meeting of the Highland Licensing Board held on 11 June 2013.

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-077-13 (60kb pdf) detailing Licences which have been granted under delegated powers by the Clerk to the Board during the period 29 May to 23 July 2013 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-078-13 (193kb pdf) detailing Occasional Licences and Extended Hours Applications which have been granted under delegated powers by the Clerk to the Board during the period 29 May to 23 July 2013 and inviting the Board to note the Report.

6. Consultation on Regulation of Sexual Entertainment Venues
Co-chomhairle mu Riaghladh Aitreabhan Chur-seachadan Feiseil

There is circulated Report No HLB-079-13 (65kb pdf) inviting the Board to agree a response to this consultation.

7. Application and Annual Fees
Iarrtas agus Cosgaisean Bliadhnail

There is circulated Report No HLB-080-13 (50kb pdf) inviting the Board to increase the schedule of application and annual fees.

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/550
Applicant: Partnership of Ernest Kopp and Debra Kopp (Cypress Rose Ltd) Elm Grove, 4 Spey Avenue, Grantown on Spey PH26 3JP
Premises: Aviemore News, Unit 1 Myrtlefield Centre, Grampian Road, Aviemore PH22 1RH
Type: Off Sales

There is circulated Report No Item 8.1 - HLB-081-13 (25kb pdf) by the Clerk.

8.2  Ref: HC/INBS/552
Applicant: Mr Andrew Mackinnon, 16 Ness Bank, Inverness IV2 4SF
Premises: The Alexander Guest House, 16 Ness Bank, Inverness IV2 4SF
Type: On Sales

There is circulated Report No HLB-082-13 (26kb pdf) by the Clerk.

8.3  Ref: HC/RSL/1670
Applicant: David A Marr
Premises: Tighard Guest House, Isle of Canna, PH44 4RS
Type: On Sales

There is circulated Report No HLB-083-13 (32kb pdf) 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/551
Applicant: Murray Retail Limited, 4th Floor, Metropolitan House, 31-33 High Street, Inverness IV1 1HT, per John Murray
Premises: Spar, Station Road, Ardersier, IV2 7SU
Type: Off Sales

There is circulated Report No HLB-084-13 (12kb pdf) by the Clerk.

Note: The Applicant has been invited to attend.

9.2  Ref: HC/INBS/553
Applicant: Macdonald Resorts Ltd, per Halliday Campbell WS, 7 Tweeddale Court, 14 High Street, Edinburgh EH1 1TE
Premises: Macdonald Spey Valley Golf Club, Dalfaber Village, Dalfaber Drive, Aviemore PH22 1PN
Type: On and Off Sales

There is circulated Report No HLB-085-13 (14kb pdf) by the Clerk.

Note: The Applicant has been cited to attend.

9.3  Ref: HC/RSL/1667
Applicant: Nicolas Aburrow, per Lorna Murray, Solicitor, 45 Culduthel Road, Inverness
Premises: Red Poppy Restaurant (formerly Maya), Main Street, Strathpeffer, IV14 9DE
Type: On Sales

There is circulated Report No HLB-086-13 (51kb pdf) by the Clerk

9.4  Ref: HC/RSL/1671
Applicant: Adelphi Distillery (1826) Ltd
Premises: Ardnamurchan Distillery, Glenbeg, Ardnamurchan, PH36 4JG
Type: On and Off-Sales

There is circulated Report No HLB-087-13 (22kb pdf) 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/416
Applicant: Carrbridge Hotel Ltd, Main Road, Carrbridge PH23 3AS
Premises: Carrbridge Hotel, Main Road, Carrbridge PH23 3AS
Type: On and Off Sales

Variation:

    Capacity increased to 885
    Add outdoor drinking facilities, prior to commencement of core hours
    The number of bedrooms in the description to be increased to 113 - 12 bedroom extension to be added 

There is circulated Report No Item 10.1 - HLB-088-13 (18kb pdf) by the Clerk.

10.2  Ref: HC/INBS/321
Applicant: Glenmore Outdoor Limited per William Wilson, 15-17 High Street, Kingussie PH21 1HS.
Premises: Glenmore Shop and Café and Pine Marten Bar, Glenmore, Aviemore PH22 1QU
Type: On and Off Sales

Variation:

    To licence the forecourt area of the premises as shown on the new layout plan (approx.119 sq.mtrs)

There is circulated Report No HLB-089-13 (19kb pdf) by the Clerk.

10.3  Ref: HC/INBS/014
Applicant: Andrew Stevenson McLauchlan, Westerlea Hotel, Inverness Road, Nairn IV12 4SD
Premises: Westerlea Hotel, Inverness Road, Nairn IV12 4SD
Type: On and Off Sales

Variation:

    Variation to core hours: Friday and Saturday 11.00 to 01.00 (on sales). Currently 11.00 to 00.30.
    On and Off sales to commence from 12.00 noon on Sundays. Currently 12.30.
    Seasonal Variation: permit premises to operate any periods of extended hours in line with Highland Licensing Board policy
    Activities to include restaurant facilities, live performances and televised sport and gaming.
    Children and Young Persons who are non-resident to be allowed on the premises until 21.30. For private functions with management agreement, Children and Young Persons may be allowed for the duration of the function.

There is circulated Report No HLB-090-13 (20kb pdf) by the Clerk.

10.4  Ref: HC/INBS/232
Applicant: David Woolsey, Cairngorm Cottage, Deshar Road, Boat of Garten PH24 3N
Premises: Boat of Garten Post Office, Deshar Road, Boat of Garten PH25 3BN
Type: Off Sales

Variation:

    Addition of Sunday opening: 10.00 to 19.00.
    Addition of Seasonal Variations: May close earlier dependent upon demand.

There is circulated Report No HLB-091-14 (17kb pdf) by the Clerk.

10.5  Ref: HC//INBS/305
Applicant: Nairn Sailing Club, The Clubhouse,  Harbour Street, Nairn IV12 4PH per Yvonne Forgan
Premises: Nairn Sailing Club, The Clubhouse, Harbour Street, Nairn IV12 4PH
Type: On Sales.

Variation:

    Change to core licensing hours:
    Saturdays 12.00 to 23.30 (currently 20.00 – 23.30)
    Sundays 12.00 to 22.00 (currently closed)
    Addition of Seasonal Variations:
    Hogmanay Party (31 December); Burns Supper (25 January), Halloween Celebrations (31 October) to 17.00 to 24.00 hrs.

There is circulated Report No HLB-092-13 (18kb pdf) by the Clerk.

10.6  Ref: HC/RSL/1322
Applicant: Co-operative Group Food Ltd per BMK Wilson
Premises: Co-operative Group Food Ltd, Bridge Road, Kyle of Lochalsh, IV40 8BU
Type: Off Sales

Variation:

    Amendment to layout plan
    Increase the capacity of Off Sales from 34.00 m2 to 38.35 m2

There is circulated Report No HLB-093-13 (17kb pdf) by the Clerk.

10.7  Ref: HC/RSL/1281
Applicant: The Edinburgh Woollen Mill Limited per MacDonald Licensing
Premises: Portree Knitwear, 11 Wentworth Street, Portree, IV51 9EJ
Type: Off Sales

Variation:

    Increase opening hour on Sunday from 1230 hrs to 1000 hrs during the period from Good Friday to 31 October in each year
    Increase the capacity of Off Sales from 2.05 m2 to 4.1 m2
    Amendment to the layout plan

There is circulated Report No HLB-094-13 (18kb pdf) by the Clerk.

10.8  Ref: HC/CSER/1168
Applicant: Morven Holdings Limited per Lorna Murray, 45 Culduthel Road, Inverness
Premises: The Newmarket Bar, Traill Street, Thurso, KW14 8EG
Type: On Sales

Variation:

    The applicant seeks to amend the description of the premises to reflect the new operating practice.
    Amend operating hours and include off-sales -
    On-Sale hours to be Mondays to Saturdays 1100 hrs to 0100 hrs the following day and Sundays 1200 hrs to 2400 hrs.
    Off-sales hours to be 1100 hrs to 2200 hrs Mondays to Saturdays and 1200 hrs to 2200 hrs on Sundays.
    Amend the operating plan to delete dance facilities.  Add gaming, receptions, club or other group meetings, music and televised sports to the list of activities and services and specify that those activities and services may take place during and outwith core hours.
    Add seasonal variation to take advantage of any extended hours for the festive period as permitted by the Board.
    Remove existing entry at Q5(f) and substitute a reference to the provision of food by outside caterers.
    Amend Q5(g) to remove references applicable for late night premises open after 0100 hrs.
    Amend terms of entry for children of all ages and young persons to allow them entry while accompanied by an adult until 2030 hrs daily.
    Remove local conditions d, f, h, l, k and p and special conditions 1 and 2 which relate to the former operation as late night premises.

There is circulated Report No HLB-095-13 (15kb pdf) by the Clerk.

10.9  Ref: HC/CSER/0358
Applicant: Vicky Taylor
Premises: Portmahomack Post Office and Stores, Main Street, Portmahomack, IV20 1YB
Type: Off Sales

Variation:

    Increase off-sales hours to 1000 hrs to 2200 hrs daily

There is circulated Report No HLB-096-13 (17kb pdf) by the Clerk.

10.10  Ref: HC/CSER/0727
Applicant: KDM Inns Limited per MacArthur and Co, 7 Ardross Street, Inverness
Premises: Foxes Hotel, 11 Saltburn Road, Invergordon, IV18 0HH
Type: On and Off Sales

Variation:

    change the on-sales hours to Monday to Saturday 1100 hrs to 0100 hrs and Sunday 1200 hrs to 2400 hrs.
    change the off-sales hours on Sunday 1200 hrs to 2200 hrs.
    Add seasonal variation to take advantage of any extended hours for the festive period as permitted by the Board.
    Amend activities and services to be provided during and outwith core licensed hours to include restaurant facilities, receptions, music, live performances, indoor sports, televised sports, outdoor drinking facilities, charity and fundraising events, quiz nights, wines and spirits tasting, cookery demonstrations, barbecues and special events in connection with cruise ship visits.
    Amend list of activities and services to be provided outwith core hours, specifically receptions, music, live performances, films and televised sports.
    Amend description of premises removing reference to a public bar and substituting lounge bar/restaurant.
    Amendments to children and young persons’ terms of entry in accordance with Board policy as a consequence of the removal of the references to a public bar on the premises.
    Change of premises name to “Tuckers Inn”.

There is circulated Report No HLB-097-13 (64kb pdf) by the Clerk.

10.11  Ref: HC/RSL/0156
Applicant: George Wood Priest
Premises: Culbokie Village Store, Smithfield, Culbokie, IV7 8JH
Type: Off Sales

Variation:

    Increase off-sales capacity from 2.24 m² to 8.4 m²

There is circulated Report No HLB-098-13 (25kb pdf) by the Clerk.

10.12  Ref: HC/RSL/1450
Applicant: John F MacDonald
Premises: Mingarry Park Guest House, Mingarry, Acharacle, PH36 4JX
Type: On Sales

Variation:

    Increase on-sale core opening hours as follows:
    Mon to Sat:  From 1100 hours (no change to terminal hour)
    Sun:  From 1200 hours (no change to terminal hour)
    Removal of Seasonal Variation which restricted alcohol to be sold in the Bothan only during the main tourist season.
    Additional activities within operating plan to include:-
    • Dance Facilities
    • Indoor/Outdoor sports
    • Outdoor drinking facilities
    and the following activities to take place prior to core opening hours:
    • Meetings
    • Music
    • Live Performances
    • Dancing
    Update Children’s Policy to accord with Board Policy.
    Revision of layout plan to extend footprint of premises to include Outdoor Drinking Facilities and Executive Suite on the first floor of the premises.
    Revision of Premises Description to include Outdoor Drinking Facilities and Executive Suite on first floor of premises.

There is circulated Report No HLB-099-13 (129kb pdf) by the Clerk.

Note: The Applicant and persons who lodged representations have been invited to attend.

10.13  Ref: HC/RSL/1645
Applicant: Roger Niemeyer
Premises: Glencoe House, Glencoe, PH49 4HT
Type: On Sales

Variation:

    Revise layout plan to include Suite Nos. 4, 5, 6 and 7 located on the first and second floors;
    Increase capacity from 88 persons to 100 persons following the completion of Suite Nos. 4, 5, 6 and 7;
    Revise Description of Premises to include First and Second Floors of the premises.

There is circulated Report No HLB-100-13 (18kb pdf) by the Clerk.

10.14  Ref: HC/RSL/1062
Applicant: Loch Ness Coffee Company Ltd
Premises: Cobb’s Lounge Bar at Nevisport, Airds Crossing, Fort William
Type: On Sales

Variation:

    Increase on-sale operating hours as follows:
    Sunday: 1200 hours to 2400 hours
    Include off-sale operating hours as follows:
    Monday to Sunday:  1000 hours to 2200 hours
    Extend footprint of premises to include as follows:
    Restaurant/Café known as Cobb’s Café, situated on the upper floor of the main Nevisport building;
    Outdoor drinking area located at the entrance to the Cobb’s Lounge Bar;
    Outdoor drinking area located on the Roof Terrace which is accessible from both the Lounge Bar Mezzanine and the Café/Restaurant.
    Revise Operating Plan as follows:-
    Include Restaurant Facilities prior to core hours to allow breakfasts to be consumed;
    Include Outdoor Drinking Areas within Operating Plan.
    Update Children’s Policy to include Restaurant/Café Area.
    Increase capacity from 120 persons to 200 persons as a result of the increase to the footprint of the premises;
    Update description of premises to reflect inclusion of Restaurant/Café area (Cobb’s Café) and outdoor drinking areas.

There is circulated Report No HLB-101-13 (20kb pdf) by the Clerk.

10.15  Ref: HC/RSL/1461
Applicant: Fort William FC
Premises: Fort William FC Clubhouse, Claggan Park, Fort William
Type: On Sales

Variation:

    Removal of seasonal variation which required the Clubhouse to close during the month of June and part of July;
    Increase core on-sale operating hours as follows:
    Monday to Thursday: 1800 hours to 2400 hours
    Friday and Saturday: 1100 hours to 0100 hours
    Sunday:   1200 hours to 2400 hours
    Additional activities within Operating Plan to include:
    • Receptions
    • Music
    • Live Performances
    • Dance Facilities
    • Gaming
    • Indoor/Outdoor Sports
    Revision of Children’s Policy to reflect increase in core licensed hours.

There is circulated Report No HLB-102-13 (19kb pdf) by the Clerk.

11. Licensing (Scotland) Act 2005
Application for variation (major) to Provisional Premises Licences
Achd Ceadachd (Alba) 2005
Iarrtasan airson Caochladh (Mòr) a thaobh Ceadachdan Thogalaichean

11.1  Ref: HC/CSER/1633
Applicant: Yvonne Fitzgerald per Lorna Murray, 45 Culduthel Road, Inverness
Premises: Cellar Bar, Bridge Street, Wick, KW1 4NG
Type: On and Off Sales

Variation:

    Add a seasonal variation to take advantage of any period for extended hours offered by the Highland Licensing Board
    Add indoor/outdoor sports (pool and darts) as activities to be provided on the premises during core licensed hours.
    Increase capacity to 80 persons

There is circulated Report No HLB-103-13 (18kb pdf) by the Clerk.

12. The Licensing (Scotland) Act 2005 Section 43
Notice of Conviction
Achd Cheadachd (Alba) 2005, Earrann 43
Brath Dìtidh

12.1  Licence Holder: Asda Stores Limited
Premises: Asda Store, Ivanhoe Avenue, Inverness IV2 6BZ

There is circulated Item 12 (467kb pdf) | Item 12.1 (277kb pdf) notification received from the Chief Constable dated 3 July 2013.

12.2  Licence Holder: Asda Stores Limited
Premises: Asda Store, Knockbreck Road, Tain IV19 1PY

There is circulated Item 12.2 (56kb pdf) notification received from the Chief Constable dated 3 July 2013.

13. Application for Personal Licence
Iarrtas airson Ceadachd Phearsanta

13.1 Applicant: Fiona Colquitt

There is circulated Report No HLB/104/13 by the Clerk.

14. The Gambling Act 2005

14.1 Application for Licensed Premises Gaming Machine Permit

Premises: The Caledonian, 9-11 High Street, Inverness IV1
Applicant: (Licence Holder) Bramwell Pubs and Bars Ltd, Lunar House, Globepark, Bucks S17 1LW, per Hill Brown Licensing, 3 Newton Place, Glasgow.

Application is for 3 Category C Machines.

There is circulated Report No HLB-105-13 (8kb pdf) by the Clerk.

Committees

A joint meeting of the Highland Licensing Board and the Highland Licensing Forum will take place in  Committee Room 1, Council Headquarters, Glenurquhart Road, Inverness on Tuesday, 6 August 2013 at 2.00 pm (or immediately following the Highland Licensing Board whichever is the later).

You are invited to attend and a note of the business to be considered is attached.

Yours faithfully

Alaisdair H Mackenzie
Clerk to the Licensing Board

1. Apologies for Absence

2. Minutes of Last Meeting

There is circulated minute of the joint meeting of the Highland Licensing Board and Highland Licensing Forum held on 4 September 2012.

3. Policy Statement – Procedure and Methodology

4. Overprovision Statement – Procedure and Methodology

5. Key Issues for the Coming Year

6. SG Fee Review

7. HLF involvement with HLB

Minute of the meeting of the Highland Licensing Board held in the Council Chamber, Headquarters, Glenurquhart Road, Inverness, on Tuesday 6 August 2013 at 3.30 pm.

Business

Present:

Dr I Cockburn, Mr A Duffy, Mr R Greene, Mr A Henderson, Mr R Laird, Mrs L Macdonald, Mr D Millar, Ms M Smith and Mr J Stone

In Attendance:

Mr A Mackenzie, Clerk
Ms S Blease, Depute Clerk
Mr I Cox, Licensing Standards Officer
Mr D Inglis, Licensing Standards Officer
Mrs L Treasurer, Licensing Standards Officer
Ms A Macrae, Committee Administrator
Mrs A MacArthur, Administrative Assistant

Also in Attendance:

Inspector A Henderson, Police Scotland
Sergeant R Nicolson, Police Scotland

Item 9.2 - Mrs L Murray, Solicitor for the Applicant
Item 9.3 - Mrs L Murray, Solicitor for the Applicant
Item 9.4 - Mr G Bowie, Applicant
Item 10.1 - Mrs L Murray, Solicitor for the Applicant
Item 10.2 - Mr W Wilson, Applicant
Item 10.8 - Mrs L Murray, Solicitor for the Applicant
Item 10.10 - Mr A Keith, Solicitor for the Applicant
Item 10.12 - Mr and Mrs J Macdonald, Applicants
Item 11.1 - Mrs L Murray, Solicitor for Premises Licence Holder
Item 13.1 - Mrs L Murray, Solicitor for Applicant
Item 13.1 - Fiona Colquitt, Applicant

Briefing on Protocol for Webcasting of Meetings.

Ms M Smith in the Chair

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 W Mackay.

2.  Declarations of Interest
Foillseachaidhean Com-pàirt

There were no declarations of interest.

3.  Confirmation of Minutes      
Dearbhadh a’ Gheàrr-chunntais

There had been circulated for confirmation the minute of the meeting of the Board held on 11 June 2013.

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-077-13 (60kb pdf) by the Clerk detailing the licences which had been granted under delegated powers during the period 29 May 2013 to 23 July 2013 and inviting the Board to note the Report.

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-078-13 (193kb pdf) by the Clerk detailing the Occasional Licences and Extended Hours Applications which had been granted under delegated powers during the period 29 May to 23 July 2013 and inviting the Board to note the Report.

The Board NOTED the report.

6.  Consultation on Regulation of Sexual Entertainment Venues
Co-chomhairle mu Riaghladh Aitreabhan Chur-seachadan Feiseil

There had been circulated Report No. HLB-079-13 (65kb pdf) inviting the Board to consider a response to the Scottish Government’s consultation on the regulation of sexual entertainment venues. The Report advised that the purpose of the consultation was to invite views on the establishment of a licensing regime for sexual entertainment venues and explained that any such regime would be introduced by inserting provisions into the Civic Government (Scotland) Act 1982.

The Clerk advised that as it was proposed to license such venues under the Civic Government (Scotland) Act 1982, the Highland Licensing Committee would take the lead in responding to the consultation. He confirmed that the Licensing Committee, at its meeting earlier that day, had considered and approved the draft response appended to the Report.

Thereafter, the Board AGREED to endorse the response of the Highland Licensing Committee.

7.  Application and Annual Fees
Iarrtas agus Cosgaisean Bliadhnail

There had been circulated Report No. HLB-080-13 (50kb pdf) inviting the Board to increase the application and annual fees as detailed in the Schedule appended to the Report. The Report advised that in determining the fees, the Board must have regard to the desirability of ensuring that the total fees payable were likely to be broadly equivalent to the expenses incurred in administering the liquor licensing system.  Therefore in conjunction with the Finance Service, the annual costs of administering the licensing system had been reviewed and it was being recommended that the fees should be increased by 3% which was broadly in line with the consumer price index.

The Report also advised that the Licensing (Scotland) Act 2005 and Fees Regulations imposed certain restrictions on the level of fees and when they could be increased, and therefore there were certain fees that could not be increased eg occasional licence applications, and others that could not be increased until 2014.

In response to a question the Clerk confirmed he was satisfied that the income generated by the fees would cover the costs incurred by the Council in administering the liquor licensing system.

The Board APPROVED the schedule of fees as appended to the Report, to take effect as appropriate from 31 August 2013 and 31 August 2014.

8.  Licensing (Scotland) Act 2005 
Application for New Premises Licences
Achd Ceadachd (Alba) 2005
Iarrtasan airson Cheadachan Thogalaichean Ura

8.1
Ref: HC/INBS/550    
Applicant: Partnership of Ernest Kopp and Debra Kopp (Cypress Rose Ltd), Elm Grove, 4 Spey Avenue, Grantown-on-Spey
Premises: Aviemore News, Unit 1 Myrtlefield Centre, Grampian Road, Aviemore
Type: Off Sales

There had been circulated Report No HLB-081-13 (25kb pdf) by the Clerk inviting the Board to determine the application.

The Board AGREED to grant the application subject to the mandatory conditions.

8.2
Ref: HC/INBS/552    
Applicant: Mr Andrew Mackinnon, 16 Ness Bank, Inverness
Premises: The Alexander Guest House, 16 Ness Bank, Inverness
Type: On Sales

There had been circulated Report No HLB-082-13 (26kb pdf) by the Clerk inviting the Board to determine the application.

The Board AGREED to grant the application subject to the mandatory conditions and to the local conditions detailed at paragraph of 5.1 of the Report.

8.3
Ref: HC/RSL/1670
Applicant: David A Marr
Premises: Tighard Guest House, Isle of Canna
Type: On Sales

There had been circulated Report No HLB-083-13 (32kb pdf) by the Clerk inviting the Board to determine the application.

The Board AGREED to grant the application subject to the mandatory conditions, the local condition detailed at paragraph 6.2 and the specific condition detailed at paragraph 6.3 of the Report.

9.  Licensing (Scotland) Act 2005 
Applications for Provisional Premises Licences
Achd Ceadachd (Alba) 2005
Iarrtasan airson Ceadachdan Thogalaichean le Cumha

9.1
Ref: HC/INBS/551
Applicant: Murray Retail Limited, 4th Floor, Metropolitan House, 31-33 High Street, Inverness, per John Murray
Premises: Spar, Station Road, Ardersier
Type: Off Sales

There had been circulated Report No HLB-084-13 (12kb pdf) by the Clerk inviting the Board to determine the application.

The Board AGREED to grant the application subject to the mandatory conditions.

9.2
Ref: HC/INBS/553
Applicant: Macdonald Resorts Ltd, per Halliday Campbell WS, 7 Tweedale Court, 14 High Street, Edinburgh
Premises: Macdonald Spey Valley Golf Club, Dalfaber Village, Dalfaber Drive, Aviemore
Type: On and Off Sales

There had been circulated Report No HLB-085-13 (14kb pdf) by the Clerk inviting the Board to determine the application.

Mrs L Murray explained the circumstances whereby there had been a delay in the site notice being posted due to the fact that the Applicant’s agent had been on leave. However she confirmed that the notice had subsequently been displayed at the premises for the full period of 21 days and that no objections or representations had been received. She requested that the Board exercise its discretion under section 135 of the Licensing (Scotland) Act 2005 and relieve the Applicant of this failure in procedure.

Thereafter and on hearing from the Clerk, the Board AGREED to grant the application subject to the mandatory conditions and to the local conditions detailed at paragraph 5.1 of the report.

9.3
Ref: HC/RSL/1667
Applicant: Nicolas Aburrow, per Lorna Murray, Solicitor, 45 Culduthel Road, Inverness
Premises: Red Poppy Restaurant (formerly Maya), Main Street, Strathpeffer
Type: On Sales

There had been circulated Report No HLB-086-13 (51kb pdf) by the Clerk inviting the Board to determine the application. The Report advised that a letter of representation had been received from Mr I Davidson and Ms G Scott dated 25 June 2013 in response to the application with particular regard to potential noise nuisance.

The Clerk noted that the objectors were not present at the meeting.

The Board heard from Mrs L Murray in support of the application, and the Licensing Standards Officer who reported that the issues raised in the letter of representation had been resolved to the satisfaction of the objectors through the application of local conditions recommended in the report.

The Board AGREED to grant the application subject to the mandatory conditions and the local conditions detailed at paragraph 5.1 of the report.

9.4
Ref: HC/RSL/1671
Applicant: Adelphi Distillery (1826) Ltd
Premises: Ardnamurchan Distillery, Glenbeg, Ardnamurchan
Type: On and Off Sales

There had been circulated Report No HLB-087-13 (22kb pdf) by the Clerk inviting the Board to determine the application.

The Clerk confirmed that the core opening hour applied for in respect of on sales from Monday to Saturday was outwith the Board’s policy.

The Board heard from Mr G Bowie who explained that the early opening time of 10.00am for on sales was being requested to accommodate the touring schedules of visitors who would generally also be visiting other distilleries in the area on the same day.

The Board also heard from the Licensing Standards Officers who explained that there were other similar facilities in Highland which had been granted an early opening time to accommodate the touring schedules of visitors and to allow them to sample the distillery’s products.

During discussion it was suggested that sufficient justification had not been provided for the early opening time of 10.00am which was outwith the Board’s policy hours.

A contrary view was expressed that on the basis that the early opening for on sales was reasonable on the basis that it was a visitor centre and the fact there were other similar facilities in the Highland area which benefited from early opening hours to accommodate the tourist trade.

Thereafter, Mr D Millar seconded by Mr A Henderson moved that the application be granted subject to policy hours being applied to the on sales element of the application i.e. 11.00am.

Ms M Smith seconded by Mr R Laird moved as an amendment that the application be granted on the basis recommended in the report.

There being no further amendments, the matter was put to the vote with votes being cast as follows;

Motion (2): Mr D Millar and Mr J Stone.

Amendment (7): Dr I Cockburn, Mr A Duffy, Mr R Greene, Mr A Henderson,
Mr R Laird, Mrs L Macdonald, and Ms M Smith

Decision:
The amendment accordingly became the finding of the meeting i.e. that the application be granted subject to the mandatory conditions and local conditions detailed at paragraph 6.2 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/416  
Applicant: Carrbridge Hotel Ltd, Main Road, Carrbridge
Premises: Carrbridge Hotel, Main Road, Carrbridge
Type: On and off Sales

There had been circulated Report No HLB-088-13 (18kb pdf) by the Clerk inviting the Board to determine the application.

The Board AGREED to grant the application subject to the mandatory conditions.

10.2
Ref: HC/INBS/321  
Applicant: Glenmore Outdoor Limited per William Wilson, 15-17 High Street, Kingussie
Premises: Glenmore Shop and Café and Pine Martin Bar, Glenmore, Aviemore
Type: On and Off Sales

There had been circulated Report No HLB-089-13 (19kb pdf) by the Clerk inviting the Board to determine the application.

The Board AGREED to grant the application subject to the mandatory conditions and local conditions detailed at paragraph 7.2 of the report.

10.3
Ref: HC/INBS/014 
Applicant: Andrew Stevenson McLauchlan, Westerlea Hotel, Inverness Road, Nairn
Premises: Westerlea Hotel, Inverness Road, Nairn
Type: On and Off Sales

There had been circulated Report No HLB-090-13 (20kb pdf) by the Clerk inviting the Board to determine the application.

The Board AGREED to grant the application subject to the mandatory conditions and specific condition detailed at paragraph 7.3 of the report.

10.4
Ref: HC/INBS/232  
Applicant: David Woolsey, Cairngorm Cottage, Deshar Road, Boat of Garden
Premises: Boat of Garten Post Office, Deshar Road, Boat of Garten
Type: Off Sales

There had been circulated Report No HLB-091-14 (17kb pdf) by the Clerk inviting the Board to determine the application.

The Board AGREED to grant the application subject to the mandatory conditions.

10.5
Ref: HC/INBS/305  
Applicant: Nairn Sailing Club, The Clubhouse, Harbour Street, Nairn
Premises: Nairn Sailing Club, The Clubhouse, Harbour Street, Nairn
Type: On Sales

There had been circulated Report No HLB-092-13 (18kb pdf) by the Clerk inviting the Board to determine the application.

The Board AGREED to grant the application subject to the mandatory conditions.

10.6
Ref: HC/RSL/1322  
Applicant: Co-operative Group Food Ltd, per BMK Wilson
Premises: Co-operative Group Food Ltd, Bridge Road, Kyle of Lochalsh
Type: Off Sales

There had been circulated Report No HLB-093-13 (17kb pdf) by the Clerk inviting the Board to determine the application.

The Board AGREED to grant the application subject to the mandatory conditions.

10.7
Ref: HC/RSL/1281 
Applicant: The Edinburgh Woollen Mill Ltd, per MacDonald Licensing
Premises: Portree Knitwear, 11 Wentworth Street, Portree
Type: Off Sales

There had been circulated Report No HLB-094-13 (18kb pdf) by the Clerk inviting the Board to determine the application.

The Board AGREED to grant the application subject to the mandatory conditions.

10.8
Ref: HC/CSER/1168  
Applicant: Morven Holdings Limited per Lorna Murray, 45 Culduthel Road, Inverness
Premises: The Newmarket Bar, Traill Street, Thurso
Type: On Sales

There had been circulated Report No HLB-095-13 (15kb pdf) by the Clerk inviting the Board to determine the application.

The Board AGREED to grant the application subject to the mandatory conditions, and to the local conditions and specific condition detailed at paragraph 7 of the report.

10.9
Ref: HC/CSER/0358 
Applicant: Vicky Taylor
Premises: Portmahomack Post Office and Stores, Main Street, Portmahomack
Type: Off Sales

There had been circulated Report No HLB-096-13 (17kb pdf) by the Clerk inviting the Board to determine the application.

The Board AGREED to grant the application subject to the mandatory conditions.

10.10
Ref: HC/CSER/0727
Applicant: KDM Inns Limited per MacArthur and Co, 7 Ardross Street, Inverness
Premises: Foxes Hotel, 11 Saltburn Road, Invergordon
Type: On and Off Sales

There had been circulated Report No HLB-097-13 (64kb pdf) by the Clerk inviting the Board to determine the application. The Report advised that a letter of objection had been received from Mr R Hellet and Miss L Haughey, and a letter of representation from Invergordon Community Council in response to the application.

The Chair confirmed that the objectors were not present at the meeting.

Mr A Keith, Solicitor for the Applicant, spoke in support of the application and responded to the points raised by the objectors. In this regard he explained that his clients intended to operate the premises as a restaurant and lounge bar, and not as a public bar as had been the case under previous ownership.

The Licensing Standards Officer explained that he had met with the objectors and that they had been reassured that the premises would not be run as a public house, and that the new owners intended to concentrate on the provision of meals and accommodation, and provide facilities and services for small receptions.

In regard to the representation received from Invergordon Community Council, Mr A Keith confirmed that his clients would be willing to deploy additional stewards for specific events if and when this may be required.

Thereafter, the Board AGREED to grant the application subject to the mandatory conditions, the special condition detailed at paragraph 7.3 of the report and the removal of local condition (j).

10.11
Ref: HC/RSL/0156 
Applicant: George Wood Priest
Premises: Culbokie Village Store, Smithfield, Culbokie
Type: Off Sales

There had been circulated Report No HLB-098-13 (25kb pdf) by the Clerk inviting the Board to determine the application.

The Board AGREED to grant the application subject to the mandatory conditions.

10.12
Ref: HC/RSL/1450 
Applicant: John F MacDonald
Premises: Mingarry Park Guest House, Mingarry, Acharacle
Type: On Sales

There had been circulated Report No HLB-099-13 (129kb pdf) by the Clerk inviting the Board to determine the application.  The Report advised that two timeous letters of representation had been received from the Reverend Kate Atchley on 17 July 2013, and from Dr Jayne Theaker on 19 July 2013. Both parties had intimated their apologies for not being able to attend the meeting.

The Clerk reported that three late letters of support had been received in response to the application.

Mrs F MacDonald, Applicant, explained that the late letters of support had been submitted to reflect the support that existed within the community for their application and to respond to the letters of representations which had been received in response to the application.

The Board AGREED to accept the late letters of support and copies were circulated to Members.

Thereafter, and on hearing from Mr J MacDonald, Applicant, the Board AGREED to grant the application subject to the mandatory conditions, the local conditions set out at section 7.2 and the specific conditions set out at section 7.3 of the Report.

10.13
Ref: HC/RSL/1645  
Applicant: Roger Niemeyer
Premises: Glencoe House, Glencoe
Type: On Sales

There had been circulated Report No HLB-100-13 (18kb pdf) by the Clerk inviting the Board to determine the application.

The Board AGREED to grant the application subject to the mandatory conditions.

10.14
Ref: HC/RSL/1062  
Applicant: Loch Ness Coffee Company Ltd
Premises: Cobb’s Lounge Bar at Nevisport, Airds Crossing, Fort William
Type: On Sales

There had been circulated Report No HLB-101-13 (20kb pdf) by the Clerk inviting the Board to determine the application.

The Board AGREED to grant the application subject to the mandatory conditions, the local conditions detailed at paragraph 7.2 and the specific condition detailed at paragraph 7.3 of the report.

10.15
Ref: HC/RSL/1461  
Applicant: Fort William FC
Premises: Fort William FC Clubhouse, Claggan Park, Fort William
Type: On Sales

There had been circulated Report No HLB-102-13 (19kb pdf) by the Clerk inviting the Board to determine the application.

The Board AGREED to grant the application subject to the mandatory conditions.

11.  Licensing (Scotland) Act 2005
Applications for variation (major) to Premises Licences
Achd Ceadachd (Alba) 2005
Iarrtasan airson Caochladh (Mòr) a thaobh Ceadachdan Thogalaichean

11.1
Ref: HC/CSER/1633  
Applicant: Yvonne Fitzgerald per Lorna Murray, 45 Culduthel Road, Inverness
Premises: Cellar Bar, Bridge Street, Wick
Type: On and Off Sales

There had been circulated Report No HLB-103-13 (18kb pdf) by the Clerk inviting the Board to determine the application.

The Clerk advised that the applicant had confirmed that in regard to the capacity of the premises she wished to amend the application to read ‘capacity 80 but reduced to 60 at any time when a pool table was located in any public part of the premises’.

Mrs L Murray, Solicitor for the Applicant, advised that her clients also wished to amend the application to change the name of the premises to ‘Retro’.

The Board AGREED to grant the application, as amended, subject to the mandatory conditions and special condition detailed at paragraph 7.2 of the report.

12.  The Licensing (Scotland) Act 2005 Section 43
Notice of Conviction
Achd Cheadachd (Alba) 2005, Earrann 83,
Brath Ditidh

12.1 Licence Holder: Asda Stores Limited
Premises: Asda Store, Ivanhoe Avenue, Inverness

There had been circulated Item 12 (467kb pdf) | Item 12.1 (277kb pdf) notice of conviction received from the Chief Constable dated 3 July 2013.

The Board NOTED the notice of conviction.

12.2 Licence Holder: Asda Stores Limited
Premises: Asda Store, Knockbreck Road, Tain

There had been circulated Item 12.2 (56kb pdf) notice of conviction received from the Chief Constable dated 3 July 2013.

The Board NOTED the notice of conviction.

13.  Application for Personal Licence
Iarrtas airson Ceadachd Phearsanta

13.1 Applicant: Fiona Colquitt  [text removed from web version in compliance with Data Protection Act 1998]

There had been circulated Report No. HLB/104/13 by the Clerk inviting the Board to hold a Hearing to consider and determine an application for a personal licence by Fiona Colquitt, under Section 72 of the Licensing (Scotland) Act 2005. The Report appended a letter dated 18 July 2013 from Police Scotland intimating that the applicant had been convicted of a relevant conviction, which she had declared on her application form.

On hearing from Mrs L Murray, Solicitor for the Applicant, the Board AGREED to grant the application.

14.  The Gambling Act 2005
Application for Licensed Premises Gaming Machine Permit

14.1
Premises: The Caledonian, 9-11 High Street, Inverness
Applicant: (Licence Holder) Bramwell Pubs and Bars Ltd, Lunar House, Globepark, Bucks, per Hill Brown Licensing, 3 Newton Place, Glasgow

There had been circulated Report No. HLB-105-13 (8kb pdf) by the Clerk inviting the Board to determine an application for the provision of a total of 3 Category C Machines in the ‘On and Off Sales’ premises detailed above.

The Board AGREED to grant the application.

The meeting ended at 4.15 pm.