Agendas, reports and minutes

A meeting of the Highland Licensing Board will take place in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Wednesday, 17 June 2014 at 12.30 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 13 May 2014.

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/069/14 detailing Licences which have been granted under delegated powers by the Clerk to the Board during the period 30 April 2014 to 3 June 2014 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/070/14 detailing Occasional Licences and Extended Hours Applications which have been granted under delegated powers by the Clerk to the Board during the period 30 April 2014 to 3 June 2014 and inviting the Board to note the Report.

6.     Guidance Notes on Hearings before the Highland Licensing Board
Nòta Stiùiridh mu Èisteachdan ro Bhòrd Cheadachd na Gàidhealtachd

There is circulated Report No HLB/071/14 which invites the Board to note and approve for publication the Guidance Notes on Hearings and the Information Notices on Determination, Statements of Reasons and Rights of Appeal. 

7.     Licensing (Scotland) Act 2005
Guidelines for the grant of Extended Hours during Major Events in Ullapool
Achd Ceadachd (Alba) 2005
Stiùiridhean airson Uairean Leudaichte a bhuileachadh rè Tachartasan Mòra ann an Ullapul

There is circulated Report No HLB/072/14 which invites the Board to consider whether to promote guidelines in relation to extended licensing hours for the 2014 Loopallu music festival fringe events.

8.    Licensing (Scotland) Act 2005
Applications for New Premises Licences
Achd na Ceadachd (Alba) 2005
Larrtas airson Cheadachdan Thogalaichean Ura

8.1  Ref: HC/RSL/1704
Applicant: The Steading Bistro Ltd., Achtercairn, Gairloch, IV21 2BP
Premises: The Steading Bisto, Achtercairn, Gairloch, IV21 2BP
Type: On-sales

There is circulated Report No HLB/073/14 (pp 51 - 53) by the Clerk.

8.2  Ref: HC/RSL/1702
Applicant: : SYHA (Trading) Ltd per Lindsays, 1 Royal Bank Place, Glasgow, G1 3AA
Premises: Broadford Youth Hostel, Broadford, Isle of Skye, IV49 9AA
Type: On Sales and Off Sales

There is circulated Report No HLB/074/14 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/562
Applicant: Mr Richard Sharp, 14 Couthally Terrace, Carnwath ML11 8HY
Premises:  Harley’s Cocktail and Grill Bar, 19 Leopold Street, Nairn IV12 4BE.
Type: On sales

This item was deferred from the meeting held on 13 May 2014.

There is circulated Report No HLB/075/14 by the Clerk.

9.2  Ref: HC/INBS/ 563
Applicant: Tyree Investments Limited, 33 Dunfermline Business Centre, Izatt Avenue, Dunfermline, KY11 3BZ  per Lorna Murray, 45 Culduthel Road, Inverness
Premises:  No. 7 The Square, 5-7 The Square, Grantown on Spey PH26 3HG
Type: On sales

There is circulated Report No HLB/076/14 by the Clerk.

9.3  Ref: HC/CSER/1705
Applicant: Dunnet Bay Distillers Ltd
Premises:  Dunnet Bay Distillers Ltd, Dunnet, Thurso, KW14 8XD
Type: On and Off sales

There is circulated Report No HLB/077/14 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/308
Applicant: Caterleisure Services Limited, 197-199 Main Street, Wilsden, Bradford, Yorkshire BD15 0HR per Lindsays Edin. Caledonian Exchange 19a Canning Street, Edinburgh, EH3 8HE  
Premises:  Berties Bar, Inverness Railway Station, Academy Street, Inverness IV1 1LE.
Type: On and Off Sales

Variation:

Variation to Operating Plan:

1. At Q2 - Change opening time for on-sales on a Sunday to 11.00 hrs.
2. At Q3 -Change opening time for off-sales on a Sunday to 11.00 hrs.
3. At 6(a) - Change NO to YES
4. At 6(b) insert "Children will be permitted entry when accompanied by a responsible adult
5. Young Persons will be permitted unrestricted entry until 21.00 hrs
6. Young Persons will be permitted entry after 21.00 hrs when accompanied by an adult".
7. At 6(c) insert "Children and Young Persons 0-17 years. In respect of those children aged 0-5 years whilst there are no bespoke baby changing facilities on the premises, tokens are given for public toilets/baby-changing at the nearby public facilities.
8. Signage advertising this provision is displayed in areas readily viewable by customers using the premises".
9. At 6(d) insert "They will be permitted entry at any time during the opening hours of the premises"
10. At 6(e) insert "They will be permitted entry to all public parts of the premises".
    

Layout Plan:

1. Marked up to show that Children and Young Persons are permitted in all public parts of the premises
   

There is circulated Report No HLB/078/14 by the Clerk.

10.2  Ref: HC/INBS/383
Applicant: Greene King Brewing and Retailing Ltd, c/o Belhaven Pubs, Atrium House, 6 Back Walk, Stirling FK8 2QA.
Premises:  The Exchange, 38-40 Academy Street, Inverness IV1 1JT
Type: On and Off Sales

Variation:

1. Amend Recorded Music so that it is available outwith core hours to accompany other permitted activities, but no earlier than 07.00 hrs.
2. Amend Children and Young Persons Times during which they are allowed entry so that it now reads: "Children and Young Persons will be admitted until 22.00 hrs or until end of meal".  We have seen an increase in the number of tourists visiting our premises and the current permitted times are restricting the access for Children and Young Persons, so this change would allow flexibility.    
   

There is circulated Report No HLB/079/14 by the Clerk.

10.3  Ref: HC/INBS/145
Applicant: Tesco Stores Limited, Tesco House, Delamare Road, Cheshunt, Hertfordshire, EN8 9Sl, per Hill Brown Licensing, 3 Newton Place, Glasgow G3 7PU.
Premises:  Tesco Extra, 1A Eastfield Way, Inverness Business and Retail Park, Inverness IV2 7GD
Type: On Sales

Variation:

1. Removal of restaurant (café) facility from the operating plan and amendment to activities at 5(a) to read ‘no’ in columns 2, 3 and 4.
2. Removal of restaurant details from details box 5(e);
3. Removal of restaurant (café) from the footprint of the store on the layout plan;
4. Change to layout plan of checkout area.
   

There is circulated Report No HLB/080/14 by the Clerk.
This application was deferred from the Board Meeting held on 13 May 2014

10.4  Ref: HC/CSER/0857
Applicant: Diageo Scotland Ltd, 5 Lochside Way, Edinburgh Park, Edinburgh
Premises:  Clynelish Distillery, Brora, KW9 6LR
Type: On and off Sales

Variation:

1. Remove reference to Visitor Centre/Shop from the description of premises and capacity of premises and cease use of the Visitor Centre/Shop and remove capacity pf 9m²
2. Change name of Staff Shop to Temporary Visitor Centre and Shop.
3. Increase licensed hours for Off Sales to commence at 1000 hrs on a Sunday.
4. Increase licensed hours for Off Sales to commence at 1000 hrs on a Sunday.
5. Increase licensed hours for Off Sales to commence at 1000 hrs on a Sunday
6. Add On Sales as an activity or service between 1100 hrs to 1800 hrs each day
7. Amend Children and Young Persons terms of entry to permit them to be present
   Vary the layout plan to remove the Visitor Centre/Shop from the licensed area
8. Vary Description of Premises to Temporary Visitor Centre/Shop within a former Staff Shop in the grounds of a working distillery which is open for guided tours and tastings
   

There is circulated Report No HLB/081/14 by the Clerk.

10.5  Ref: HC/CSER/0274
Applicant: The Firm of Commercial Bar
Premises:  Commercial Bar, 1 Princes Street, Thurso, KW14 7BQ
Type: On and Off Sales

Variation:

1. Increase on sales hours to terminate at 0100 hrs the following days on Mondays to Thursdays and Sundays
2. Increase on sales hours to commence at 1100 hrs on Sundays
3. Increase off sales hours to commence at 1100 hrs on Sundays
4. Add seasonal variation to take advantage of any extended hours offered by the Board over the festive period
   

There is circulated Report No HLB/082/14 by the Clerk.

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

11.1  Ref: HC/RSL/1695
Applicant: John H Fraser
Premises: The Bridge Café (former Little Chef Building), Spean Bridge, PH34 4EP
Type: On-Sale

There is circulated Report No HLB/083/14 by the Clerk.

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: The Waterfront Nightclub and Restaurant, 4 The Shore, Wick
Licence Holder:  Robert J Sutherland

The Board is invited to defer consideration of the review in respect of The Waterfront Nightclub and Restaurant until the Board meeting on 12 August 2014. 

13.    Surrender of Premises Licence
Gèilleadh Ceadachd Togalaich

13.1  Premises: Carters Rest Guesthouse & Self Catering, 8/9 Upper Milovaig, Glendale, Isle of Skye, IV55 8WY
Licence Holder:  Stephen Carter

The above Premises Licence has been surrendered in terms of Section 28(f).