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, 4 November 2014 at 12.30 pm (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 7 October 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/134/14 detailing Licences which have been granted under delegated powers by the Clerk to the Board during the period 24 September 2014 to 21 October 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/135/14 detailing Occasional Licences and Extended Hours Applications which have been granted under delegated powers by the Clerk to the Board during the period 24 September 2014 to 21 October 2014 and inviting the Board to note the Report.

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

6.1  Ref: HC/INBS/569
Applicant: The Partnership of Eagle Brae, Struy Lodge, Struy, Beauly IV4 7JT
Premises:  Eagle Brae, Strathglass, Beauly, IV4 7LE
Type:  Off Sales

There is circulated Report No HLB/136/14 by the Clerk.

6.2  Ref: HC/CSER/1711
Applicant: Caithness Rugby Football Club
Premises:  Caithness Rugby Football Club Clubhouse, Millbank Road, Thurso, KW14 8PS
Type:  On Sales  

There is circulated Report No HLB/137/14 by the Clerk.

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

7.1  Ref: HC/INBS/364
Applicant: Tapas Inverness Limited per Hana Stewart, 99 Castle Street, Inverness IV2 3EA
Premises:  La Tortilla Asesina, 99 Castle Street, Inverness IV2 3EA
Type:  On and Off Sales

Variation:

1. Provision of Off Sales on the premises Monday to Sunday 10.00 hrs to 22.00 hrs.
2. Amend On Sales hours to: Monday to Thursday 11.00 hrs to 24.00 hrs. Friday and Saturday from 11.00 hrs and Sunday from 11.00 hrs to 24.00 hrs.
3. Addition of seasonal variation to allow the premises to operate under extended hours as permitted by Licensing Board policy such as festive seasons.
4. Amendment to layout plan to show outside drinking area.
5. Activities to include: Receptions, Theatre and Films during core licence hours.
6. Outside drinking to operate within and outwith core licensing hours.
7. Section 5f to include wording: 'Provision of take-away meals and sampling of wines for members of wine club'.
8. Capacity to be amended to 85 persons to take account of the outside drinking area.
9. Question 7 to include the wording ' All off sales are resources from the stockroom'.
10. Amendment to premises licence description: ' A small outside drinking area is situated at the front of the restaurant facing Castle Street, Inverness.

There is circulated Report No HLB/138/14 by the Clerk.

7.2  Ref: HC/INBS/464
Applicant: The Partnership of Ian Alastair Richard MacKenzie and May Harvey MacKenzie, 3 Muirfield Park, Inverness, IV2 4HA
Premises:  147 Pool and Snooker Centre, 34 Union Street, Inverness IV1 1PX
Type:  On Sales

Variation:

1. Amendment to Question 5:  addition of Music within core hours.
2. Amendment to On Sales hours:
   Monday, Wednesday, Friday, Saturday to 00.30 hrs
   Sunday 12.00 hrs to 00.30 hrs
3. Amendment to 6(b): 'Entry to snooker hall area only.
4. Amendment to 6(c): 'Young persons aged 16 and 17 years will be allowed entry to the premises.
5. Children aged 13-15 yrs and Young persons aged 16 years must be accompanied by an adult to be allowed entry to the premises. 
6. 6(e) 'Snooker Hall only (separate room with toilets, from bar area)

There is circulated Report No HLB/139/14 by the Clerk.

7.3  Ref: HC/INBS/527
Applicant: Simpson Highview Limited, Highview House, Inshes, Inverness IV2 5BA per Macleod and MacCallum, 28 Queensgate, Inverness.
Premises:  Simpsons Garden Centre, Inshes, Inverness IV2 5BA
Type:  On and Off Sales

Variation:

1. Change to Operating Plan: amend opening times for on sales to 09.00 hrs Monday to Sunday inclusive.
2. Increase Off Sales capacity to 38 square metres.
3. Change to Layout Plan.  Off Sales area is relocated to area shown hatched in blue on the layout plan. Off Sales capacity increased to 38 square metres.
4. Amendment to email address of premises manager.

There is circulated Report No HLB/140/14 by the Clerk.

7.4  Ref: HC/RSL/1278
Applicant: Jacqueline Fraser
Premises:  Jac-o-bite Restaurant, Ault-a-Chruinn, Glenshiel, IV40 8HN
Type:  On Sales

Variation:

1. Remove specific condition for flexibility to allow alcohol to be sold without a meal.
2. Increase core opening hour on Sunday from 1200 hours to 1100 hours.
3. Increase core terminal hour on Monday to Sunday from 2300 hours to 0100 hours.
4. Remove Seasonal Variation.
5. Inclusion of club or group meetings, live performances, dance facilities and outdoor drinking facilities within the activities.
6. Outdoor drinking facilities outwith core hours – provision of morning tea, coffee, breakfast.
7. Other activities – To permit the bar servery to be used as a bar counter when functions are taking place.
8. Children’s Policy – Children and young persons will be permitted entry when accompanied by an adult.

There is circulated Report No HLB/141/14 by the Clerk.

8.  Licensing (Scotland) Act 2005 Section 77(6)   
Surrender of Personal  Licences

There is circulated Report No HLB/142/14 by the Clerk.