Agendas, reports and minutes

A meeting of the Highland Licensing Board will take place in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Tuesday, 12 August 2014 at 12.30 noon (following the Highland Licensing Committee commencing at 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 17 June 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/084/14 detailing Licences which have been granted under delegated powers by the Clerk to the Board during the period 4 June 2014 to 29 July 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/085/14 detailing Occasional Licences and Extended Hours Applications which have been granted under delegated powers by the Clerk to the Board during the period 4 June 2014 to 29 July 2014 and inviting the Board to note the Report.

6.  Application and Annual Fees
Iarrtas agus Cosgaisean Bliadhnail

There is circulated Report No HLB/086/14 which invites the Board to make no increase in application and annual fees.

7.  Personal Licence Holder Refresher Training
Trèanadh Ùrachaidh do Luchd-ceadaichte Phearsanta

There is circulated Report No HLB/087/14 detailing the requirement for Personal Licence Holders to undergo refresher training and recommending the grant of delegated powers to the Clerk to issue revocations where such training has not been undertaken and to refuse applications for new Personal Licences where the Personal Licence has been revoked.

8. Air Weapons and Licensing (Scotland) Bill
Bile nan Gunnaichean-adhair 's a' Cheadachaidh (Alba)

There is circulated Report No HLB/088/14 advising the Board of the Air Weapons and Licensing (Scotland) Bill and asking the Board if it wishes to respond to the call for evidence from the Scottish Government.

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

9.1 Ref: HC/RSL/1709
Applicant: Graham J McMenemy
Premises: Ben View Hotel, Strontian, PH36 4HY
Type: On and Off-Sale

There is circulated Report No HLB/089/14 by the Clerk.

9.2 Ref: HC/RSL/1708
Applicant: SYHA (Trading) Ltd per Lindsays, 1 Royal Bank Place, Buchanan Street, Glasgow, 1 3AA
Premises: Glenbrittle Youth Hostel, Glenbrittle, Isle of Skye, IV47 8TA
Type: On Sale and Off Sale

There is circulated Report No HLB/090/14 | Timeous Objection by the Clerk.

9.3 Ref: HC/CSER/1710
Applicant: Bruce K Graham
Premises: Café Sixty Six Ltd, 66 High Street, Alness
Type: On-Sales

There is circulated Report No HLB/091/14 by the Clerk.

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

10.1 Ref: HC/INBS/564
Applicant: Paul Giles Richard Sandiford, 24 Dulaig Court, Grantown on Spey PH26 3QQ, per Lorna Murray, 45 Culduthel Road, Inverness IV2 4HQ
Premises: The Wee Puffin, 15 High Street, Grantown on Spey PH26 3EG
Type: On Sales

There is circulated Report No HLB/092/14 by the Clerk.

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/110
Applicant: JD Wetherspoon (Scot) Ltd, Reg. Address c/o Brunton Miller 22 Herbert Street, Glasgow G20 6NB
Premises: The Kings Highway, 72-74 Church Street, Inverness IV1 1EN
Type: On and Off Sales
Variation:

Variation to trading hours for On Sales:
Monday to Sunday 11.00 hrs to 01.00 hrs

There is circulated Report No HLB/093/14 by the Clerk.

11.2 Ref: HC/ INBS/302
Applicant: The Nairn Golf Club, Seabank Road, Nairn IV12 4HB.
Premises: The Nairn Golf Club, Seabank Road, Nairn IV12 4HB.
Type: On and Off Sales

Variation:

1. Amendment to operating plan: extend on sale hours Friday and Saturday to 01.00 hrs.
2. Inclusion of golf course and half-way house into the layout plan to allow limited sales of alcohol from catering buggy and halfway house.
3. Alteration to description to read: 'The entirety of the golf course is within the licensing footprint for on sales for the premises. Sales of alcohol will be made via a static canteen known as the 'halfway house' and also by electronic catering buggy when the permanent facility is unavailable. Such sales will only be made from 11.00 hrs until the course closes for play'.

There is circulated Report No HLB/094/14by the Clerk.

11.3 Ref: HC/ INBS/507
Applicant: Peter Gerald Moore, Flat 2, 36 High Street, Nairn IV12 4AU, per Lorna Murray, 45 Culduthel Road, Inverness IV2 4HQ
Premises: The Playhouse, Church Street, Nairn IV12 4AP
Type: On and Off Sales

Variation:

1. Local Condition k: amend time for cessation of live music to 2.45 hrs (or such other time as specified by the Board) on those days when the premises are licensed until 03.00 hrs).
   
   Operating Plan:
   
2. On sale hours on Fridays and Saturdays to commence at 11.00 hrs and to continue until 03.00 hrs the following day.
3. On sale hours on Sundays to continue until 01.00 hrs the following day.

There is circulated Report No HLB/095/14 by the Clerk.

11.4 Ref: HC/INBS/418
Applicant: Cooperative Group Food Ltd, 1 Angel Square, Manchester M60 0AG , per Tho. J & W Barty, 61 High Street, Dunblane.
Premises: Cooperative Group Food Ltd, Shopping Centre, Keppoch Road, Culloden, Inverness IV2 7LL
Type: Off Sales

Variation:

Amendment to Layout Plan: 

1. Increase capacity from 20 sq. metres to 29.271 sq. metres.

There is circulated Report No HLB/096/14by the Clerk.

11.5 Ref: HC/INBS/323
Applicant: Stonegate Pub Company Ltd, c/o Codan Trust Company (Cayman)Ltd, 2681, Cricket Square, Grand Cayman, Cayman Islands, KY1 1111 per Hill Brown Licensing, 3 Newton Place, Glasgow.
Premises: The Caledonian, 9-11 High Street, Inverness IV1 1HY
Type: On and Off Sales

Variation: 

1. Variation to On Sales hours on a Sunday to commence 11.00 hrs and terminate at 01.00 hrs the following morning.
2. Variation to Off Sales hours on a Sunday to commence from 11.00 hrs.

There is circulated Report No HLB/097/14 by the Clerk.

11.6 Ref: HC/INBS/217
Applicant: Upland Properties Limited, per Lorna Murray, 45 Culduthel Road, Inverness IV2 4HQ
Premises: Tidal Bay (formerly Pancho’s) Myrtlefield House, Grampian Road, Aviemore PH22 1RH
Type: On Sales

Variation:

Change to operating plan:

1. Children and Young Persons policy to be amended to allow Young Persons to be present in the premises at all times when the premises are open for trade and to allow Children to be present until 23.00 hrs daily. Children under 13 years require to be accompanied by an adult at all times. Children 13 years and over require to be accompanied by an adult from 21.00 hrs daily.
2. The following to be included in the list of other activities to be provided outwith core licensed hours, namely: restaurant facilities and recorded music under explanation that the premises may open earlier than their core licensed hours for the provision of breakfasts, morning teas and coffees when background music may be played.
3. Amend core on-sale hours to 11.00 hrs to 01.00 hrs Monday to Sunday.
4. Add live entertainment during core hours.
5. Remove reference to seasonal variation.
6. Increase to on-sales capacity to 73
   
   Amendment to Layout Plan:
   
7. New outside dining area.
   
   Amendment to Local Condition:
   
8. Local Condition g to be amended to allow the outside drinking area to be occupied until 22.00 hrs between 1 April and 30 September.
   
   Amendment to Premises:
   
9. Remove from the description 'small 8 table'.
10. New premises name: Tidal Bay.

There is circulated Report No HLB/098/14by the Clerk.

11.7 Ref: HC/RSL/1117
Applicant: Lidl UK GmbH
Premises: LIDL UK GmbH, Camanachd Crescent, Fort William, PH33 6XZ
Type: Off-Sale

Variation: 

1. Increase in capacity of alcohol display area from 33.80m2 to 38.12m2
2. Inclusion of recorded music activity within operating plan

There is circulated Report No HLB/099/14 by the Clerk.

11.8 Ref: HC/RSL/0774
Applicant: Punch Partnership Limited per TLT LLP, 140 West George Street, Glasgow, G2 2HG
Premises: Portree Hotel, Somerled Square, Portree, Isle of Skye, IV51 9EH
Type: On Sale and Off Sale

Variation: 

1. Increase On Sale hours on Saturday and Sunday to 1100 hrs to 0100 hrs
2. Increase Off Sale hours on Sunday to 1100 hrs to 2200 hrs

There is circulated Report No HLB/100/14 by the Clerk.

11.9 Ref: HC/RSL/1410
Applicant: Punch Partnership Limited per TLT LLP, 140 West George Street, Glasgow, G2 2HG
Premises: Isles Inn, Somerled Square, Portree, Isle of Skye, IV51 9EH
Type: On Sale and Off Sale

Variation:

1. Increase On Sale hours on Saturday and Sunday to 1100 hrs to 0100 hrs
2. Increase Off Sale hours on Sunday to 1100 hrs to 2200 hrs

There is circulated Report No HLB/101/14 by the Clerk.

11.10 Ref: HC/CSER/0276
Applicant: William Rose
Premises: Castle Arms Hotel, Mey, Caithness
Type: On and Off Sales

Variation: 

1. Reduce on-sales hours on Fridays and Saturdays to close at 2300 hrs;
2. Increase on-sales hours on Sunday to open at 1200 hrs;
3. Remove provision of off-sales;
4. Add seasonal variation to allow premises to be open from 1 April to 31 October each year;
5. Remove indoor/outdoor sports during core hours and remove local condition relating to dartboard and pool table.
6. Addition of televised sport and outdoor drinking facilities during core hours;
7. Alter layout plan to restrict on-sales to dining room, lounge bar and outside patio and to close public bar and shop;
8. Change description of premises to "hotel with dining room and lounge bar".

There is circulated Report No HLB/102/14 by the Clerk.

11.11 Ref: HC/CSER/0912
Applicant: Graeme Robertson
Premises: Commercial Hotel, 23 High Street, Alness
Type: On and Off Sales

Variation: 

1. increase on-sales hours on a Sunday to commence at 1100 hrs;
2. increase off-sales hours on a Sunday to commence at 1100 hrs;

There is circulated Report No HLB/103/14 by the Clerk.

11.12 Ref: HC/CSER/0798
Applicant: Lidl UK GmbH
Premises: Lidl UK GmbH, South Road, Wick
Type: Off-Sales

Variation: 

1. increase the alcohol display capacity. The applicant initially sought an increase to 42.62m2 but now wishes to reduce that figure to 38.3m2. It is requested that the Board accepts this amendment;
2. change the layout of the store due to the refurbishment;
3. include recorded music during and outwith core hours on the list of activities to be provided.

There is circulated Report No HLB/104/14by the Clerk.

11.13 Ref: HC/CSER/0866
Applicant: Star Inn Tain Ltd
Premises: Star Inn, Market Street, Tain
Type: On and Off Sales

Variation:

1. increase licensed hours to terminate at 0100 hrs the following day on Monday to Thursday, Saturday and Sunday;
2. increase licensed hours on a Sunday to commence at 1100 hrs;
3. increase off-sales hours on a Sunday to commence at 1100 hrs;
4. add a seasonal variation to take advantage of any period of extended hours agreed by the Board over the festive period;
5. add receptions, club or other group meetings, dance, theatre, films, gaming, indoor/outdoor sports, televised sport and outdoor drinking to list of activities and services available during core hours;
6. to the list of additional activities during core hours add - charity and fundraising events, host/hostess parties and demonstrations and any light catering on the premises may be supplied from off the premises;
7. add children's policy to allow children and young persons to be on the premises between 1100 hrs and 1800 hrs;
8. decrease on-sales capacity from 70 to 60.

There is circulated Report No HLB/105/14 by the Clerk.

11.14 Ref: HC/CSER/1444
Applicant: Wick Golf Club
Premises: Wick Golf Club, Reiss Links, Wick
Type: On-Sales
Variation:

1. Add on-sales hours on Monday and Tuesday 1200 hrs to 2200 hrs
2. Extend on-sales on a Thursday to terminate at 2300 hrs
3. Extend on-sales hours on a Saturday to terminate at 0100 hrs the following day
4. Add off-sales as a service with hours, Monday to Sunday 1000 hrs to 2200 hrs.
5. To the list of services and activities to be carried on outwith core hours add bar meals, club meetings, music and live performances
6. Add gaming as an activity during core hours
7. Remove local condition (e) restricting use of the outdoor drinking area after 2100 hrs.

There is circulated Report No HLB/106/14by the Clerk.

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

12.1 Ref: HC/RSL/1565
Applicant: John Mann
Premises: Corran Inn, Onich, Fort William, PH33 6SE
Type: On and Off Sale

Variation:

(1) Revision to Operating Plan including:-

• removal of accommodation as an activity within Operating Plan
• increase in capacity from 60 to 80 persons
• revision to children's policy

(2) Revison to layout plan to include proposed changes

(3) Revision of description of premises to reflect new layout of premises.

There is circulated Report No HLB/107/14by the Clerk.

13.  Licensing (Scotland) Act 2005 Section 33

Application for Transfer of a Premises Licence by the Licence Holder
13.1 Premises: The Winking Owl, 123 Grampian Road, Aviemore PH22 1ST
Licence Holder: LT Pub Management plc, 31 Haverscroft Industrial Estate, New Road, Attleborough, NR17 1YE per Harper MacLeod LLP, 45 Gordon Street, Glasgow G1 3PE

There is circulated Report No HLB/108/14 by the Clerk

14.  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

14.1 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 7 October 2014.

15.  The Licensing (Scotland) Act 2005 Section 44
Notice of Conviction
Achd Cheadachd (Alba) 2005, Earrann 44
Brath Dìtidh

15.1 Licence Holder: Martin McColl Limited
Premises: McColls, 12 High Street, Ardersier and McColls, 40 Culcabock Road, Inverness
Offences: section 146 (1) and (7) (x2) and 147A of the Licensing Act 2003

The Licence holder has notified the Board of the above offences and Police Scotland have made no recommendation that the Licence should be varied, suspended or rescinded.

16.  Application for Personal Licence
Iarrtas airson Ceadachd Phearsanta

16.1 Applicant: Peter Johnathan Marshall (INBS)

There is circulated Report No HLB/109/14 by the Clerk.

17.  Surrender of Premises Licence
Gèilleadh Ceadachd Togalaich

17.1 Premises: Ben View Hotel, Strontian
Licence Holder: Joanne Frith

The above Premises Licence was surrendered on 23 June 2014 in terms of Section 28(5)(f).

17.2 Premises: Lyn Leven Guest House, Ballachulish
Licence Holder: Priscilla Marie MacLeod

The above Premises Licence was surrendered on 24 July 2014 in terms of Section 28(5)(f).

18.  The Gambling Act 2005
Achd na Cearrachd 2005

18.1 Application for Gaming Machine Permit for 4 Category C Machines

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

There is circulated Report No HLB/110/14 by the Clerk.