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, 7 October 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 the minute of the meeting of the Highland Licensing Board held on 12 August 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/111/14 detailing Licences which have been granted under delegated powers by the Clerk to the Board during the period 30 July 2014 to 23 September 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/112/14 detailing Occasional Licences and Extended Hours Applications which have been granted under delegated powers by the Clerk to the Board during the period 30 July 2014 to 23 September 2014 and inviting the Board to note the Report.

6.  Review of Statements of Licensing Policy
Ath-sgrùdadh Aithrisean a thaobh a’ Phoileasaidh Cheadachd

There is circulated Report No HLB/113/14 inviting the Board to note the findings of the recent review by Alcohol Focus Scotland of the statements of licensing policy introduced by Licensing Boards in Scotland for the period 2013 to 2016 and to consider what, if any, lessons can be learned to inform the development of future policy statements. 

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

7.1  Ref: HC/INBS/566
Applicant: David John Macdougall, 10 Dochfour Drive, Dalneigh, Inverness IV3 5EE.
Premises: Café V8, 12 Henderson Road, Longman Industrial Estate, Inverness IV1 1SN.
Type: On Sales

There is circulated Report No HLB/0114/14 by the Clerk.

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

8.1  Ref: HC/INBS/567
Applicant: Giraffe Concepts Ltd, Armitage House, Delamare Road, Cheshunt, Hertfordshire EN8 9SL, per Hill Brown, 3 Newton Place, Glasgow, G3 7PU.
Premises:  Giraffe, 1A Eastfield Way, Inverness Business and Retail Park, Inverness IV2 7GD.
Type:  On Sales

There is circulated Report No HLB/115/14 by the Clerk.

8.2  Ref: HC/INBS/565
Applicant: Caledonian Coffee Company Ltd, c/o Ramnee Hotel, Victoria Road, Forres, Moray, IV36 3BN per Garry Dinnes
Premises:  So Coco, 1 High Street, Inverness IV12 4AU.
Type:  On Sales

There is circulated Report No HLB/116/14 by the Clerk.

8.3  Ref: HC/INBS/568
Applicant: Robert Caven, Messrs Grant Thornton UK LLP per Lindsays, 1 Royal Bank Place, Buchanan Street, Glasgow G1 3AA
Premises:  Ben Mhor Hotel, 53-57 High Street, Grantown on Spey PH26 3EG
Type:  On Sales and Off Sales

There is circulated Report No HLB/117/14 by the Clerk.

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

9.1  Ref: HC/RSL/0202
Applicant: Co-operative Group Food Ltd
Premises:  20 Stevenson Terrace, Kinlochleven, PH50 4RP
Type:  Off-Sales

Variation:

1.  Change to shop layout including relocation of alcohol display area resulting in increase to capacity from 20.307sqm to 23.708sqm;

2.  Inclusion of music activity within operating plan.

There is circulated Report No HLB/118/14 by the Clerk.

9.2  Ref: HC/ INBS/509
Applicant: Iceland Foods Ltd, Second Avenue, Deeside Industrial Park, Deeside, Flintshire, CH5 2NW.
Premises: Iceland, Unit 3B, Rose Street, Inverness IV1 1NQ
Type:  Off Sales

Variation:

1.    Variation to Off Sales hours:

2.    Mondays Tuesdays and Wednesdays, 10.00 hrs to 19.00 hrs

There is circulated Report No HLB/119/14 by the Clerk.

9.3  Ref: HC/INBS/312
Applicant: Co Operative Group Food Ltd, 1 Angel Square, Manchester M60 0AG, per BMK Wilson, Solicitors, 90 St Vincent Street, Glasgow, G2 5UB.
Premises:  Co Operative Group Food Ltd, 45 High Street, Nairn IV12 4AU.
Type:  Off Sales

Variation:

1.    Change to operating plan:
increase in capacity to 28.05 sq. metres;

2.    Change to description ‘Other Activities’ at 5(f)

3.    Change to Layout Plan.

There is circulated Report No HLB/120/14 by the Clerk.

9.4  Ref: HC/INBS/22
Applicant: Co Operative Group Food Ltd, 1 Angel Square, Manchester M60 0AG, per  Hill Brown, 3 Newton Place, Glasgow G3 7PU.
Premises:  24 High Street, Kingussie PH21 1HR
Type:  Off Sales 

Variation:

1. Question 3 is amended to reflect standard off sales licensed hours of 10.00 hrs to 22.00 hrs Monday to Sunday.

2. Question 5 is amended to state 'YES' to recorded music in columns 1, 2 and 3 to within and outwith core licensed hours.

3. The free text box below Question 5 is amended to remove the work 'NO' and add the following: 'Recorded background music may be played within and outwith core hours'.

4. The following statement is added to Question 5(f) 'The sale of food, non-food and other household goods and the provision of ancillary services within and outwith core hours, subject to customer demand'

5. Question 7 is amended to reflect the new off-sales capacity of 27.86 sq. mtrs.

6. Question 8 is amended to remove the current premises manager. A new premises manager will be appointed prior to the store opening.

There is circulated Report No HLB/121/14 by the Clerk.

9.5  Ref: HC/INBS/081
Applicant: Whitbread Restaurants Ltd, Whitbread Court, Porz Avenue, Houghton Hall Office Park, Dunstable, LU5 5EX per  John Gaunt and Partners, Omega Court, 372-374 Cemetery Road, Sheffield, S11 8FT.
Premises:  Inshes Gate, Beechwood Business Park, Inverness IV2 3BW
Type:  On and Off Sales

Variation:

1.  Change to operating plan:

Amendment to Q7 to increase occupancy to reflect the 14 additional bedrooms within adjacent hotel block to be constructed and opened on or around 1 Dec. 2014, by 56 persons to 416.

2.    Revised layout plans:

a- location plan 1093L(-)001

b- Individual bedroom- Ground Floor-1093L(2) 002C

c- First Floor - 1093L(2004)

There is circulated Report No HLB/122/14 by the Clerk.

9.6  Ref: HC/INBS/413
Applicant: Cairngorm Mountain Ltd, per Douglas Somerville, Cairngorm Ski Area, Aviemore PH22 1RB
Premises:  1097 (formerly The Ptarmigan), Cairngorm Mountain, Cairngorm Ski Area, Aviemore PH22 1RB
Type:  On and Off Sales

Variation:

1. Change of name of premises.

2. Amendment of On Sales hours, Monday to Sunday to 11.00 hrs to 23.00 hrs

3. Moving bar area and off-sales shelving.

4. Increase in off sales capacity from 0.45 square metres to 12.44 square metres.  

There is circulated Report No HLB/123/14 by the Clerk.

9.7  Ref: HC/INBS/317
Applicant: Cairngorm Mountain Ltd, per Douglas Somerville, Cairngorm Ski Area, Aviemore PH22 1RB
Premises:  The Storehouse (formerly The Day Lodge) Cairngorm Mountain, Cairngorm Ski Area, Aviemore PH22 1RB
Type: On and Off Sales

Variation:

1. Change of premises name.

2. Increase of licensed area and removal to Second Floor in the building.

3. Increase in off sales capacity from 3.2 square metres to 15.38 sq. metres.   

There is circulated Report No HLB/124/14 by the Clerk.

9.8  Ref: HC/INBS/175
Applicant: PizzaExpress (Restaurants) Ltd, Hunton House, Highbridge Estate, Oxford Road, Uxbridge Middlesex UD8 1HU per Pinsent Masons 141 Bothwell Road, Glasgow G2 7EQ
Premises:  Pizza Express Unit B, Falcon Square, Inverness IV1 1LQ.
Type: On and Off Sales

Variation:

1.  Sunday on sales opening to commence at 11.00 hrs.

2.  Addition of off sales hours from 10.00 hrs to 22.00 hrs, Monday to Saturday and 11.00 hrs to 22.00 hrs on Sunday.  The off sales facility will only be used in conjunction with takeaway food.

3.  Additional activities:  Addition of takeaway food and pizza making parties and demonstrations.      

There is circulated Report No HLB/125/14 by the Clerk.

9.9  Ref: HC/INBS/492
Applicant: Ask Restaurants Ltd, c/o Gondola Group, 2 Balcombe Street, London NW1 6NW per Pinsent Masons, 141 Bothwell Road, Glasgow G2 7EQ
Premises:  Zizzi’s, 20 Bridge Street, Inverness IV1 1HD
Type:  On  Sales

Variation:

1.  Change to Sunday Opening time to commence at 11.00 hrs.

2.  Change from No to Yes 5(d).  Outdoor drinking facilities will not be used outwith core licensed hours.

3.  Change of Section 5(f) additional activities: Change "Occasional takeaway use" to "Takeaway food".

4.  Add the words at 6(b): "This will be managed in a responsible way, underpinned by our Challenge 25 policy."

5.  Capacity:  Change on sales capacity from 88 to 106 to take into account external area.

6.  Extending the licensed area to include the area next to the main entrance (elevated from the pavement) where four tables are located.  Food and soft drinks are already served in this area.  

There is circulated Report No HLB/126/14 by the Clerk.

9.10  Ref: HC/INBS/
Applicant: Stonegate Pub Company Ltd, c/o Codan Trust Company (Cayman) Ltd 2681, Cricket Square. Grand Cayman, Cayman Islands KY1 1111, per Hill Brown, 3 Newton Place, Glasgow G3
Premises:  The Caledonian, 9-11 High Street, Inverness IV1 1HY
Type:  On and Off Sales

Variation:

1.  Amend on sales hours on Thursday, Friday and Saturday to terminate at 03.00 hrs the following morning.

There is circulated Report No HLB/127/14 by the Clerk.

A letter of objection dated 11 September 2014 has been received from CFG Leisure 6 Ltd trading as Ultra Violet, operators of G’s and Vinyl 9-21 Castle Street, Inverness, per Brunton Miller solicitors, 22 Herbert Street, Glasgow.

9.11  Ref: HC/CSER/1039
Applicant: Murdoch Hudson per Harper Macleod, The Ca’d’oro, 45 Gordon Street, Glasgow
Premises:  Caledonian Bar, 28-30 King Street, Invergordon
Type:  On and Off Sales

Variation:

1.  Change on-sales hours on Sundays to Thursdays to 1100 hrs to 0100 hrs

2.  Change off-sales hours on Sundays to 1100 hrs to 2200 hrs

3.  Include seasonal variation in respect of any policy hours granted by the board in terms of Section 67

4.  Add accommodation as a service to be provided

5.   Amend description of the premises to include letting accommodation

6.   Amend layout plan to reflect the inclusion of letting accommodation

7.   Change the name of the premises to Caledonian Inn

8.   Include activities outwith core hours - indoor/outdoor sports, music and televised sport

9.   Add to other activities section that catering may be provided at the premises by outside caterers

10.  Amend children and young persons terms of entry to permit young persons (16 and 17 years olds) to be present on the premises until 2200 hrs daily, subject to them being accompanied by an adult

11.  Increase capacity to 130 persons

There is circulated Report No HLB/128/14 by the Clerk.

9.12  Ref: HC/CSER/0652
Applicant: Lidl UK GmBH
Premises:  Lidl UK GmbH, Castlegreen Road, Thurso
Type:  Off Sales

Variation:

1.  increase the alcohol display capacity to 39.51m2. 

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/129/14 by the Clerk.

10.      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

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

There is circulated Report No HLB/130/14 by the Clerk relating to a premises licence review application from Police Scotland.

11.      Licensing (Scotland) Act 2005 Section 83 – Review of Personal Licence 
Achd Cheadachd (Alba) 2005, Earrann 83 – Ath-sgrùdadh air Ceadachd Phearsanta

11.1     Licence Holder:  Marek Kreics

There is circulated Report No HLB/131/14 by the Clerk.

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

12.1  Licence Holder: Martin McColl Limited
Premises: McColls, 8 Trentham Street, Helmsdale
Premises: McColls, The Square, Strathpeffer
Premises: McColls, Auchtercairn, Gairloch
Premises: McColls, Main Street, Castletown
Premises: McColls, Provost Sinclair Road, Thurso
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.  Police Scotland have confirmed the existence of the relevant offences and made no recommendation that the Licence should be varied, suspended or rescinded.

12.2  Licence Holder: Ali and Sons Limited
Connected Person: Mohamed Monwar Ali
Premises: Spice Tandoori, Princes Street, Thurso
Premises: Spice Tandoori, 2 Shore Street, Wick
Offences:   (1) Road Traffic Act 1988 Section 5(1)(a) 
(2) Attempt to Pervert and Course of Justice

The Licence Holder has notified the Board of offence (1).  On 14 May 2014 Police Scotland confirmed existence of that relevant offence and also notified of offence (2).  Police Scotland has made no recommendation that the Licence should be varied, suspended or rescinded.

13.  Application for Personal Licence 
Iarrtas airson Ceadachd Phearsanta 

13.1 Applicant: Gordon Harper (CSER)

There is circulated Report No HLB/132/14 by the Clerk.

14.  Surrender of Premises Licence 
Gèilleadh Ceadachd Togalaich

14.1  Premises:  Ralia Café, Newtonmore PH20 1BD 
Licence Holder:  Robert Andrew Lambie

The above Premises Licence has been surrendered in terms of Section 28(5)(f).

14.2 Premises: Crofters Foods and Deli, 18 High Street, Rosemarkie, IV10 8UF
Licence Holder: R and P Thimson T/A Crofters Foods

The above Premises Licence has been surrendered in terms of Section 28(5)(f)

15.   Licensing (Scotland) Act 2005 Section 77(6)   
Surrender of Personal  Licence

There is circulated Report No HLB/133/14 by the Clerk.

16.   Dates of Meetings in 2015                                                           
Cinn-latha Choinneamhan ann an 2015

The Committee is asked to note the following dates for 2015, as agreed at The Highland Council on 4 September 2014.  All meetings will take place in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness:

• 6 January 2015
• 3 February 2015
• 31 March 2015
• 12 May 2015
• 16 June 2015
• 11 June 2015
• 6 October 2015
• 3 November 2015
• 8 December 2015