Agendas, reports and minutes

Minute of the meeting of the Highland Licensing Board held in the Council Chamber, Headquarters, Glenurquhart Road, Inverness, on Tuesday 1 April 2014 at 12.30pm.  

Business

Present:

Dr I Cockburn, Mr A Duffy, Mr C Fraser, Mr R Greene, Mr A Henderson, Mrs L Macdonald, Mr W Mackay, 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

Also in Attendance:

Item 9.1 - Ms D Mascill, for the Applicant and Mrs C Louden, Solicitor for the Applicant 

Item 9.1 - Mr G Watson, Solicitor for Objector Punch Partnership Limited

Item 9.1 - Ms S Macleod, Solicitor for Objectors Mr & Mrs E J Letby 

Item 9.2 - Mr M Webster, for the Applicant and Mrs C Louden, Solicitor for the Applicant

Item 9.2 - Miss M Harris, Objector and Mr T Lambert, Objector

Item 10.2 - Mr D Peet and Ms A Kinnaird, for the Applicants

Item 10.2 - Mrs L Murray, Solicitor for the Applicants

Item 10.2 - Mr K Whalen, Objector

Item 11.4 - Mr R Gilbert, for the Applicant

Item 11.8 - Mr S Collier, for the Applicant and Mrs L Murray, Solicitor for the Applicant

Ms M Smith in the Chair

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.  Appointment of Vice Convener

Cur Iar-Neach-Gairm an Dreuchd

On the motion of Mrs L Macdonald seconded by Mr A Duffy, the Board AGREED to appoint Mr J Stone as Vice Convener.

2.  Apologies for Absence

Leisgeulan

An apology for absence was intimated on behalf of Mrs G Sinclair.

3.  Declarations of Interest

Foillseachaidhean Com-pàirt

There were no declarations of interest.

4.  Confirmation of Minutes  

Dearbhadh a’ Gheàrr-chunntais

There had been circulated for confirmation the minutes of the meetings of the Board held on 4 February 2014 and 5 March 2014. 

The minutes were held as read and APPROVED.

5.  Joint Meeting with the Highland Licensing Forum

Co-choinneamh le Fòram Ceadachd na Gàidhealtachd

The Board AGREED that the joint meeting with the Highland Licensing Forum be held on 7 October 2014 at 2.00pm or following the scheduled Board meeting.

 6.  Licensing (Scotland) Act 2005

Guidelines for the grant of Extended Hours during Major Events in Lochaber

Achd Ceadachd (Alba) 2005 

Stiùiridhean a thaobh buileachadh Uairean Leudaichte re Tachartasan Mòra ann an Loch Abar

 There had been circulated Report No HLB-033-14 (16kb pdf) by the Clerk inviting the Board to consider whether to promote guidelines in relation to extended licensing hours for the 2014 Scottish Six Day Trials and the UCI Mountain Bike World Cup Event.

 The Board AGREED the following guidelines for applications for extended hours under Section 68 of the Licensing (Scotland) Act 2005:

 i. Scottish Six Day Trials

 Friday 9 May 2014

Late Opening Premises: until 0400 hours the following day

Other On Sale Premises: until 0200 hours the following day

 Saturday 10 May 2014

Late Opening Premises: until 0400 hours the following day

Other On Sale Premises: until 0200 hours the following day

 ii. UCI Mountain Bike World Cup 2014

Friday 6 June 2014

Late Opening Premises: until 0400 hours the following day

Other On Sale Premises: until 0200 hours the following day

 Saturday 7 June 2014

Late Opening Premises: until 0400 hours the following day

Other On Sales Premises: until 0200 hours the following day

 Sunday 8 June 2014

until 0200 hours the following day

 iii.  the conditions detailed in paragraph 3 of the Report to apply; and

 iv. applications for the above extended hours must be made on an individual basis under section 68 of the Act

 7.  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-034-14 (24kb pdf) by the Clerk detailing the licences which had been granted under delegated powers during the period 21 January 2014 to 18 March 2014 and inviting the Board to note the Report. 

 The Board NOTED the Report.

8.  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-035-14 (40kb pdf) by the Clerk detailing the Occasional Licences and Extended Hours Applications which had been granted under delegated powers during the period 21 January 2014 to 18 March 2014 and inviting the Board to note the Report.

 The Board NOTED the report.

9.  Licensing (Scotland) Act 2005

Application for New Premises Licences 

Achd Ceadachd (Alba) 2005

Iarrtasan airson Cheadachan Thogalaichean Ura

 9.1 Ref: HC/RSL/1692

Applicant: SYHA (Trading) Ltd, per Lindsay’s Solicitors, 1 Royal Bank Place, Buchanan Street, Glasgow 

Premises: Ullapool Youth Hostel, Shore Street, Ullapool

Type: On and Off Sales.

There had been circulated Report No HLB-036-14 (513kb pdf) by the Clerk advising that one representation and ten objections had been received in response to the application, details of which were set out in Appendix 1 to the Report.  The Board was invited to determine the application.

 The Clerk confirmed the names of those objectors present at the meeting, and cautioned that the Board was required to take the terms of all the written objections/representations received into account in the determination of the application.

 Mrs C Louden, Solicitor for the Applicant, spoke in support of the application during which she raised the following points:-

•That the alcohol would be dispensed from a small fridge set below the reception desk/counter and would be inaccessible to the public. The range of alcoholic drinks available for sale would be limited and would not include spirits; 

•That the application sought to provide flexibility in terms of the full list of activities and events provided at the premises which were enjoyed by a range of guests including travellers, students, and residential groups;

•That strict management policies would apply in regard to the access of children and young people onto the premises to ensure there was no sale of alcohol to under 18s; 

•That in regard to the objections there had been a misunderstanding of the nature of the residential guests who stayed at the premises, and that in the current climate guests tended to be in the over 30 age category, rather than the ‘youth’ element. 

•A ‘doors open’ day had been held at the premises in an effort to allay the concerns of the objectors; 

•That in response to concerns expressed by the objectors she would be content to amend the application to remove the outdoor drinking area from the application; 

•That visitor numbers at the Youth Hostel had increased significantly and guests were becoming increasingly demanding in terms of the facilities and services they required. Therefore the application sought to meet that demand by providing additional facilities, thereby ensuring the continued viability of the premises; and 

•That patrons currently brought their own alcohol into the premises, and therefore granting the licence would introduce an additional element of control in regard to the consumption of alcohol on the premises which had not previously existed;

Following on from the above, the Board heard from Mr G Watson, Solicitor on behalf of the Punch Partnership Ltd in regard to their objection to the application.  Mr Watson advised that his clients were the Premises Licence Holders for the Argyle Hotel, Ullapool, which was located within 100m of Ullapool Youth Hostel. He submitted that:-

•It was important that licensed premises were sufficiently profitable to afford the cost of compliance with the licensing legislation and objectives.  He therefore suggested that objections based on commercial considerations from other members of the licensed trade were relevant and appropriate; 

•That it could be argued that the grounds of overprovision for refusal of an application was primarily aimed to protect the existing licensed trade as any of the adverse effects that might follow from overprovision were likely to breach one or more of the licensing objectives contained in the Licensing (Scotland) Act 2005. Therefore even if his client’s objection was entirely motivated by protection of their own trade he submitted this was an entirely relevant basis on which to object to the application; 

•That his client had also objected to the application on the basis that the premises would be frequented by persons under 18 years of age. The Board should therefore refuse the application if they were not satisfied that the measures outlined in the operating plan would sufficiently guard against a breach of the licensing objectives, or if they considered the premises, as a youth hostel, were simply not suitable for the grant of a licence; and 

•That his client’s main objection was on the grounds of overprovision as defined in paragraph 2.1.3 as set out in the Clerk’s Report. Ullapool was a relatively small community, notwithstanding that the population increased significantly over the tourist season, and within 600m of the premises there were eight premises already licensed for on and off sales

At this point, Mrs C Louden objected to the information provided in regard to the overprovision assessment being presented by Mr Watson on the basis of commercial considerations. This was on the grounds that although the letter submitted by TLT Scotland Ltd on behalf of Punch Partnership Ltd made reference to overprovision, Mr Watson was now introducing a detailed overprovision assessment of which no notice had been given to the applicant or Ms Louden.  She had not therefore been afforded fair notice to enable her to respond to the points being made.

Following discussion on this matter and on hearing from the Clerk, Mrs Louden confirmed that she would reserve the right to seek deferral of the application on hearing further from Mr Watson.

Thereafter, Mr Watson continued his submission as follows:-

•That as shown on the location plan circulated to the Board, within 600m of the premises there was eight premises already licensed for on and off sales, and a further two off sales, one of which was a substantial supermarket. His client and other licensed premises in the area benefited from custom from the Youth Hostel, and therefore his client objected to the application on the basis of the impact on their trade; and 

•That while Ullapool was not a locality which had been identified and designated in the Board’s Overprovision Policy Statement, this did not prevent the Board from determining in the circumstances of a new application that granting the application would lead to overprovision in the locality and therefore should be refused; 

Ms S Macleod, Solicitor on behalf of Mr and Mrs Letby, Objectors, reported that her clients were the owners of a residential property on Shore Street, Ullapool and outlined their objections as follows:-  

•That the on and off sales hours being applied for together with the list of proposed events would result in public accessing the premises to purchase alcohol. This would lead to increased public nuisance at the premises and along Shore Street and therefore have a detrimental impact on the licensing objectives; 

•There was no off street parking on Shore Street, and residents already experienced problems with parking on the street which would be exacerbated if the licence was granted; 

•The nature of the premises as a youth hostel meant that many patrons would be under 18 and therefore it was questionable whether the premises were suitable for the grant of a licence; and 

•There were already nine licensed premises within easy walking distance of the premises and therefore the grant of the licence would amount to overprovision. She advised that overprovision was already recognised as contributing to alcohol related harm such as crime and disorder and adverse effects on public health.

Mrs C Louden confirmed that her clients would be willing to amend the application to restrict the sale of alcohol to residents and guests only. She advised that the premises had an excellent track record in terms of public order and there would be no change in this regard with the granting of a licence. Further the overprovision assessment presented was based on commercial considerations which were not relevant in terms of the Board’s Overprovision Policy.

On hearing from the Clerk and in discussion Members referred to the fact that Ullapool was a popular tourist destination and expressed the view that the licence should be granted on the basis that there was no evidence to support the argument that granting the licence would result in overprovision in terms of the Board’s Overprovision Policy or that granting the licence would be to the detriment of the licensing objectives. The Clerk advised that the recommended conditions to be attached to the grant of a licence as set out in the report, would require to be adjusted to take account of the amendments to the application.

Thereafter, the Board AGREED to grant the application as amended by the Applicant (removal of the outdoor area and sale of alcohol for consumption on or off the premises restricted to sale to residents and guests only), subject to the mandatory conditions and the local conditions and late opening conditions detailed in paragraph 6 of the Report as adjusted to take account of the amendments to the application.

 9.2 Ref: HC/RSL/1691

Applicant: SYHA (Trading) Ltd, per Lindsay’s Solicitors, 1 Royal Bank Place, Buchanan Street, Glasgow 

Premises: Torridon Youth Hostel, Fassaig, Achnasheen 

Type: On and Off Sales

There had been circulated Report No HLB-037-14 (144kb pdf) by the Clerk advising that four objections had been received in response to the application, details of which were set out in Appendix 1 to the report. The Board was invited to determine the application.

The Clerk confirmed the names of those objectors present at the meeting, and cautioned that the Board was required to take the terms of all the written objections/representations received into account in the determination of the application.

The Clerk further advised that a late objection had been received from a Mrs Connell, Torridon. He confirmed that Mrs Connell was not present at the meeting. 

 During discussion on this matter, Mrs C Louden advised that Mrs Connell had not authorised any other party to speak to the Board on her behalf and that on request arrangements could have been made by her clients to ensure Mrs Connell’s attendance at the meeting. She also advised that the objection was based on commercial considerations which were not relevant to the determination of the application. She therefore submitted that the late objection should not be accepted by the Board.

 Following further discussion, the Board AGREED not to accept the late objection.

 Thereafter, Mrs C Louden spoke in support of the application during which she raised the following points:-

•That the objections submitted in regard to overprovision were based on commercial considerations around the direct impact on Torridon Stores, and were not relevant to the determination of the application or the Board’s Overprovision Policy Statement; 

•That granting the licence would introduce an additional element of control in regard to the consumption of alcohol on the premises which had not previously existed; 

•That the application was being submitted in response to increased visitor numbers to the premises and an extended tourist season.  The local pub and shop closed over the winter months and the local shop also closed at 5pm during the season.  Therefore the application sought to respond to demand for on and off-sales from guests and other persons, particularly those residents arriving after 5pm and over the winter months when there was no other facility to purchase alcohol in the locality; 

•The alcohol would be stored in a small fridge which would be set below the counter behind the main reception desk.  The fridge would be locked and inaccessible to the public and strict management policies would apply to ensure there was no sale of alcohol to under 18s; and, 

•Her clients had no wish to impact on the trade of the local shop and sought only to respond to demand for on and off sales in the village which currently exceeded the supply.

Thereafter, Mrs M Harris, proprietor of Torridon Stores, advised that while she enjoyed an excellent relationship with the Torridon Youth Hostel, she had a number of objections to the application as follows:-

•That she was concerned about the impact of granting the licence, particularly the off sales element, on the continued economic viability of her business which was located in a small fragile rural community; 

•That the Scottish Youth Hostel Association was applying a blanket approach to the licensing of its premises without taking into consideration the unique circumstances of individual rural communities. She suggested that Torridon Youth Hostel would continue to attract visitors irrespective of whether or not it had an off-sales licence facility; 

•That the additional duties associated with the operation of the licence and any potential nuisance arising would be unduly onerous for one duty manager in terms of supervision; 

•That her shop served fifty eight occupied houses in the local area, and that the tourist season heavily subsidised the business to allow it to open over the winter months. Further over the summer months the shop was regularly open until 7pm to meet demand  and also would remain open in response to requests from the Youth Hostel on behalf of guests; 

•There was also a licensed hotel and pub one and a half miles south of the Youth Hostel and therefore opening a third point of alcohol sales would impact on the profitability and viability of the other businesses. The off sales element of the application would also impact on the local campsite; and 

•That contrary to the comments of the Licensing Standards Officer, the use of the outdoor drinking area would impact on a residential property located 50 feet away from the Hostel grounds, and also on visitors staying at the local campsite located nearby.

Following on from above, Mr T Lambert, Objector, advised that a large proportion of Torridon Stores custom was from the Youth Hostel and that by granting the application, and in particular the off sales element, this would have a detrimental impact on the profitability of the business located in a remote and rural area.

In response to questions Mrs Louden advised that the range of products to be offered at the Youth Hostel would be extremely limited and excluded spirits, and therefore did not compare to the scale and range available at Torridon Stores. She also reiterated that the objections related to commercial considerations and were not based on licensing objectives and that there was no evidence of overprovision.  Mr Webster advised that the main demand was from guests arriving later into the evening and who wished to enjoy a drink on the premises. He also advised that there was a large area of ground between the premises and the nearest residential property and that the outdoor drinking area would not impact on local residents. 

In conclusion Mrs Harris asked that the conditions applied in regard to the Ullapool Youth Hostel (item 9.1 above) should be replicated for this application.  She also advised that she would have staffing arrangements in place this year which would allow her to operate extended opening hours. In discussion, Members expressed the view that the application for on-sales and off-sales complied with the Board’s policy hours and the licensing objectives and therefore should be granted. 

The Board AGREED to grant the application subject to the mandatory conditions and the local conditions and late opening conditions detailed in paragraphs 6.1 and 6.2 of the Report.

9.3 Ref: HC/RSL/1693

Applicant: Western Isles Cruises Ltd 

Premises: Western Isles (The) Mallaig Harbour, Mallaig

Type: On Sales

 There had been circulated Report No HLB-038-14  by the Clerk inviting the Board to determine the application.

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

9.4. Ref: HC/RSL/1696

Applicant: Café Canna Limited   

Premises: Café Canna, The West Bothy, Isle of Canna

Type: On and Off Sales

There had been circulated Report No HLB-039-14  by the Clerk inviting the Board to determine the application.

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

10. Licensing (Scotland) Act 2005  

Applications for Provisional Premises Licences 

Achd Ceadachd (Alba) 2005

Iarrtasan airson Ceadachdan Thogalaichean le Cumha

10.1 Ref: HC/RSL/1695

Applicant: Partnership of Tom Jackson and Laura Hebbert

Premises: The Jetty Shop, Salen, Acharacle

Type: Off Sales

There had been circulated Report No HLB-040-14  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/CSER/1697

Applicant: Kirkaig Foods Ltd

Premises: Peet’s Restaurant, Culag Square, Lochinver 

Type: On Sales

There had been circulated Report No HLB-041-14 by the Clerk advising that an objection in response to the application had been received from Mr K Whalen, Culag Hotel, details of which were set out at Appendix 1 to the Report. The Clerk advised of a correction to the special condition detailed at paragraph 6.3 of the Report so that reference to ‘and young persons’ be removed. 

Mrs L Murray, Solicitor for the Applicant, spoke in support of the application and responded to the points raised in the objection. In regard to the concerns raised about overprovision she suggested that this was not an issue and advised that the operation was for an on sales food led operation with no bar counter. Furthermore, on sales would be available only to guests accommodated on the premises and to persons making use of the facilities provided in the restaurant.  She also explained that the premises benefited from full planning permission and that any issues in relation to road safety, including parking, would have been addressed as part of the planning process. 

Thereafter, Mr Whalen expressed the view that granting the licence and change of use of the premises would impact on road and pedestrian safety, particularly as the proposal was to provide an outdoor drinking area to the front of the premises located on existing private car parking.  He also advised that as the operator of a nearby licensed premises he was concerned about overprovision in the locality.

The Clerk reported that if the outdoor drinking area was impacting on existing parking places then this was a relevant matter for the Board to take into account on the grounds of public safety.   

 Mrs L Murray indicated that the layout of the small area to the front of the premises did not lend itself to public use and that the planning application had not contained proposals to provide parking spaces in this area.  She stressed that parking/road safety had not been an issue in consideration of the planning application and that no conditions had been attached to the planning permission in this regard. Further there was informal and public car parking provision in the vicinity of the premises.

Following discussion, the Board AGREED to grant the application subject to the mandatory conditions and local conditions and special condition detailed in paragraph 6 of the Report, subject to the special condition being amended to remove the words ‘and young persons’. 

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/INBS/454 

Applicant: Mr Ali Raza Mohamed, 18 Wimberley Way, Inverness, per Lorna Murray, Solicitor, 45 Culduthel Road, Inverness 

Premises: Levels Ltd, 26-28 Union Street, Inverness 

Type: On Sales 

There had been circulated Report No HLB-042-14 (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 local conditions detailed at paragraph 7 of the Report.  

11.2 Ref: HC/INBS/147 

Applicant: CFG Leisure 6 Limited, 3rd Floor, 35 Davies Street, Mayfair, London, per Ian Jobes

Premises: G’s and Vinyl, 9-21 Castle Street, Inverness 

Type: On Sales 

 There had been circulated Report No HLB-043-14  by the Clerk inviting the Board to determine the application.

 The Board AGREED to grant the application subject to local condition (f) as currently stated in the Premises Licence being removed.  

11.3  Ref: HC/INBS/184 

Applicant: Punch Partnership Ltd, Jubilee House, Second Avenue, Burton on Trent, per TLT Scotland Ltd, 140 West George Street, Glasgow, 

Premises:  Gunsmiths, 30 Union Street, Inverness 

Type: On and Off Sales 

 There had been circulated Report No HLB-044-14 by the Clerk inviting the Board to determine the application.

The Board AGREED to grant the application subject to the mandatory conditions and the existing local conditions detailed in paragraph 7 of the Report.

11.4  Ref: HC/RSL/1044 

Applicant: Ross County Football Club, Global Energy Stadium, Victoria Park, Dingwall

Premises: Ross County Football Club, Global Energy Stadium, Victoria Park, Dingwall

Type: On Sales

There had been circulated Report No HLB-045-14  by the Clerk advising that an objection in response to the application had been received from Mr A Mackenzie, details of which were set out in Appendix 1 to the report.  Mr R Gilbert, Premises Licence Manager, advised that the application had been submitted in response to an increased level of demand for hospitality at the Club and to suit kick off times for live TV coverage which had resulted from the Club’s promotion to the Scottish Premier League.  He stressed that the application related only to the provision of hospitality and associated activities around the Club’s football matches. 

The Board AGREED to grant the application subject to the mandatory conditions and local conditions detailed at paragraph 7 of the Report.

11.5  Ref: HC/RSL/1174

Applicant: R and P Timspon T/A Crofters Bistro Ltd per Duncan Macleman, Architect, 33 Mackenzie Place, Avoch

Premises:  Crofters Bistro, 11 Marine Terrace, Rosemarkie, 

Type:  On Sales

 There had been circulated Report No HLB-046-14 (18kb pdf) by the Clerk inviting the Board to determine the application.

The Clerk apologised for an error in the Report which should have stated that Fortrose and Rosemarkie Community Council were in existence and had been consulted on the application.   The Board AGREED to grant the application subject to the mandatory conditions. 

11.6  Ref: HC/RSL/1312

Applicant: Thomas Pearson, Dorothy L Pearson and Alan R Pearson

Premises: Plockton Hotel, 41 Harbour Street, Plockton

Type: On Sales and Off Sales

There had been circulated Report No HLB-047-14 by the Clerk inviting the Board to determine the application.

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

11.7  Ref: HC/RSL/1265

Applicant: Clan Donald Lands Trust

Premises: The Stables Restaurant and Café Bar, Armadale, Sleat, Isle of Skye

Type:  On Sales and Off Sales

There had been circulated Report No HLB-048-14  by the Clerk inviting the Board to determine the application.

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

11.8  Ref: HC/CSER/1168

Applicant: Morven Holdings Limited per Lorna Murray, 45 Culduthel Road, Inverness

Premises: The Newmarket Bar, Traill Street, Thurso

Type: On and Off Sales

There had been circulated Report No HLB-049-14  by the Clerk inviting the Board to determine the application.

In response to questions, Mrs L Murray, Solicitor for the Applicant, tabled a copy of the operating statement that would apply to the proposed web based  sale of alcohol delivered locally to ensure compliance with the licensing objectives.  

The Clerk advised that any web based home delivery sales must comply with the Board’s policy hours for off sales, and that the actual point of sale would be when payment was made for the order, and not the time of delivery.

The Board AGREED to grant the application subject to the mandatory conditions, the local conditions and late opening conditions set out in paragraph 7 of the Report and a special condition to the effect that the licence holder must operate the home delivery service of alcohol in accordance with the operating statement as tabled to and approved by the Board. 

11.9  Ref: HC/CSER/1475

Applicant: Ormlie Lodge Club

Premises: Ormlie Lodge Club, The Cottage, Brownhill Road, Thurso 

Type: On and Off-Sales

There had been circulated Report No HLB-050-14 (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 the local conditions and late opening conditions detailed at paragraph 7 of the Report.

11.10  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-051-14 (22kb pdf) by the Clerk inviting the Board to determine the application.

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

11.11  Ref: HC/CSER/1633

Applicant: Yvonne Fitzgerald per Lorna Murray, 45 Culduthel Road, Inverness

Premises: Retro, Bridge Street, Wick

Type: On and Off-Sales

There had been circulated Report No HLB-052-14 (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 the local conditions, late opening conditions and special conditions detailed at paragraph 7 of the Report.

12.  Licensing (Scotland) Act 2005 Section 38 -  

Applications for Review Hearing of Premises Licence

Achd Cheadachd (Alba) 2005, Earrann 38 - 

Iarrtasan airson Èisteachd Ath-bhreithneachail air Ceadachd Togalaich

12.1 Premises: Altnacealgach Inn, by Lairg

Licence Holder: Robert W Sherman and Fiona L Sherman

On hearing from the Clerk, the Board AGREED to defer consideration of the review in respect of the above premises until the Board meeting on 13 May 2014.

12.2 Premises: The Waterfront Nightclub and Restaurant, 4 The Shore, Wick

Licence Holder:  Robert J Sutherland

On hearing from the Clerk, the Board AGREED to defer consideration of the review in respect of the above premises until the Board meeting on 13 May 2014.

13.  Surrender of Premises Licence

Gèilleadh Ceadachd Togalaich

13.1 Premises: Co-operative Group Limited, Loanfern, Ballachulish

Licence Holder :  Co-operative Group Food Limited

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

13.2 Premises: Route 66, 10 Strothers Lane, Inverness, per Route 66 Group.

Licence Holder: Route 66 Group.

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

13.3 Premises: Co-operative Group Food Limited, 7 High Street, Beauly.

Licence Holder: Co-operative Group Food Limited.

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

14.  The Gambling Act 2005

Achd na Cearrachd 2005

14.1 Application for a Gaming Machine Permit for 4 Category C Machines

 Premises:  The Fluke, Culcabock Road, Inverness 

Applicant: Orchid Pubs and Dining Ltd, per Gamestec Leisure Ltd, Unit B12 Wira House, Ring Road, Leeds 

 There had been circulated Report No HLB-053-14  by the Clerk concerning an application for a total of 4 Category C machines in the above  licensed premises.

 The Board AGREED to grant the application.

 The meeting ended at 2.15pm.