Agendas, reports and minutes

A meeting of the Highland Licensing Board will take place in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on THURSDAY, 11 December 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 4 November 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/143/14 detailing Licences which have been granted under delegated powers by the Clerk to the Board during the period 22 October 2014 to 24 November 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/144/14 detailing Occasional Licences and Extended Hours Applications which have been granted under delegated powers by the Clerk to the Board during the period 22 October 2014 to 24 November 2014 and inviting the Board to note the Report.

6.  Review Proposal – Non-payment of Annual Licence Fees
Moladh Ath-sgrùdaidh – Neo-phàigheadh Chìsean
Ceadachd Bliadhnail

There is circulated Report No HLB/145/14 by the Clerk.

7.  Licensing Policy Statement 
Aithris Poileasaidh Ceadachd  

There is circulated Report No HLB/146/14 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/570
Applicant: Cora Ann Fraser, 5 Burn Road, Inverness IV2 4NH per Lorna Murray Solicitor, 45 Culduthel Road, Inverness IV2 4HQ.
Premises: Loch Ericht Hotel, General Wade’s Military Road, Dalwhinnie PH19 1AG
Type: On and Off Sales

There is circulated Report No HLB/147/14 by the Clerk.

8.2  Ref: HC/INBS/571
Applicant: Tomatin Country Store Ltd, 28 Drummond Road, Inverness IV2 4NF per Lorna Murray Solicitor, 45 Culduthel Road, Inverness IV2 4HQ.
Premises: Tomatin Country Store, Main Street, Tomatin IV13 7YP
Type: Off Sales

There is circulated Report No HLB/148/14 by the Clerk.

8.3  Ref: HC/RSL/ 1719
Applicant: Firm of Acharacle Village Store, Acharacle, Fernbank, Acharacle, PH36 4JL
Premises: Acharacle Village Store, Acharacle, PH36 4JL
Type:  Off Sales

There is circulated Report No HLB/149/14 (pp 37 - 39) 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/INBS/285
Applicant: Greene King Brewing and Retailing Ltd, per Belhaven Pubs, Atrium House, 6 Back Walk, Stirling FK8 2AQ
Premises:  The Auctioneers, 28 Church Street, Inverness IV1 1EH
Type: On and Off Sales

Variation:

1.    Amend on sales hours on Friday and Saturday to terminate at 0300 hours.

An objection has been received from CFG Leisure 6 Ltd, trading as Ultra Violet, operating G’s and Vinyl Nightclub, 19-21 Castle Street, Inverness. It is dated 10 September 2014, and was received 29 October 2014. The letter is appended to the report (Appendix 1).  

There is circulated Report No HLB/150/14 by the Clerk.  

9.2  Ref: HC/INBS/
Applicant: Hawthorn Leisure Limited, 47 Park Lane, London W1K 1PR per TLT LLP 140 West George Street, Glasgow G2 2HG.
Premises:  Dows Bar and Restaurant, Balloan Park, Balloan Road, Inverness IV2 4PF
Type: On and Off Sales

Variation:

1. Amend on and off sales to 11.00 hrs on a Sunday.
2. Amend terminal of on sales hours to 01.00 hrs Monday to Sunday.
3. Allow children and young persons’ access from 11.00 on a Sunday.
4. Allow children and young persons’ access until 2300 hours when consuming a meal and for the duration of any function that they are attending.

There is circulated Report No HLB/151/14 by the Clerk.

9.3  Ref: HC/RSL/0960
Applicant: Joseph Alexander Sweeney, The Picture House, 68 High Street, Dingwall, IV15 9RY
Premises:  The Picture House, 68 High Street, Dingwall, IV15 9RY
Type: On-sales

Variation:

1. Erect a new partition wall and extend fire exit.
2. Amend wording of premises description and seasonal variation.
3. Amend children’s policy and other activities to include under 18’s Disco or Blue Light Disco’s on occasional Friday and Saturday nights between the hours of 1900 hours and 2200 hours.
4. Amend existing core on-sales opening and terminal hours to:-
   Monday to Thursday 1600 hours to 0300 hours;
   Friday 1300 hours to 0300 hours; and
   Saturday and Sunday 1100 hours to 0300 hours.

Objections have been received from Police Scotland dated 30 October 2014 and also Dingwall Community Council dated 23 October 2014, both letters are appended to the report (Appendix 1 and 2).

There is circulated Report No HLB/152/14 by the Clerk.

9.4  Ref: HC/CSER/1298
Applicant: Golspie Golf Club, Ferry Road, Golspie, KW10 6ST
Premises: Golspie Golf Club, Ferry Road, Golspie, KW10 6ST
Type: On and Off Sales

Variation: 

1. Remove local condition (e) – restriction on use of outdoor drinking area.
2. Increase on-sales licensed hours Monday to Thursday, Saturday and Sunday to terminate at 0100 hours the following day.  Increase on and off sales hours on a Sunday to commence at 1100 hours.
3. Add seasonal variation to take advantage of any period of extended hours granted by the Board over the festive period.
4. To list of activities and services to be provided, add gaming, charity and fundraising events, race nights, cookery demonstrations and tastings, service of drinks to golfers on the course and that from time to time a marquee may be erected for functions and competitions.
5. Amend times of entry for children to read “at all times subject to terms of entry” and amend parts of the premises to read “Children and young persons are welcome in all public parts of the premises but not sit at or remain in the vicinity of the bar counter”.
6. Increase the licensed area to include the golf course.
7. Amend description of premises to show that the Club will not operate as a club in terms of the Licensing (Scotland) Act 2005.

There is circulated Report No HLB/153/14 by the Clerk.

9.5  Ref: HC/CSER/1335
Applicant: Dudgeon Park Community Centre Club, Dudgeon Park Road, Brora, KW9 6QH
Premises:  Dudgeon Park Community Centre Club, Dudgeon Park Road, Brora, KW9 6QH
Type:             On Sales

Variation:

1. Amend description of premises to show that the club will not operate as a club in terms of the Licensing (Scotland) Act 2005.
2. Amend on-sales operating hrs as follows:
   Monday to Thursday: 1200 hrs to 2400 hrs 
   Friday: 1200 hrs to 0100 hrs the following day 
   Saturday:1100 hrs to 0100 hrs the following day 
   Sunday:1200 hrs to 2300 hrs
3. Add a seasonal variation to take advantage of any period of extended hours granted by the Licensing Board over the festive period.
4. To list of activities during and outwith core hours: add conference facilities, bar meals, receptions, club or other group meetings, music, live performances, dance facilities, televised sport, and delete reference to restaurant facilities.
5. To existing other activities add “use of the premises on match days by Brora Rangers Football Club for hospitality and to cater for football supporters.  Outside caterers may be employed from time to time”.

There is circulated Report No HLB/154/14 by the Clerk.

10.  Licensing (Scotland) Act 2005 Section 33 - Transfer of Premises Licence 
Achd Ceadachd (Alba) 2005, Earrann 33 – Gluasad Ceadachd Togalaich

10.1 Ref:  HC/RSL/1496
Applicant:  Margaret Jane Reid, The Legion Dingwall Club, High Street, Dingwall, IV15 9SN
Premises:  Ross Suite (Formerly Spainsun Products Ltd), The Legion Dingwall Club, High Street, Dingwall, IV15 9SN

There is circulated Report No HLB/155/14 by the Clerk.

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

11.1     Licence Holder:  HC/INBS/3987 [text removed from web version in compliance with Data Protection Act 1998]
Appendix 1 and Appendix 2 attached.

There is circulated Report No HLB/156/14 (pp 77 - 81) by the Clerk.

12.  Application for Personal Licence 
Iarrtas airson Ceadachd Phearsanta

12.1 Applicant: Lynda Donn 

There is circulated Report No HLB/157/14 by the Clerk.

12.2 Applicant: David George Shanks

There is circulated Report No HLB/158/14 by the Clerk.

13.  Surrender of Premises Licence 
Gèilleadh Ceadachd Togalaich

13.1 Premises:  Allt Nan Ros Hotel, Onich, Fort William, PH33 6RY 
Licence Holder:  Licensed Solutions Ltd

13.2 Premises:  Edderton Inn, Edderton, IV19 1LB 
Licence Holder:  Christopher J Wix

The above Premises Licences have been surrendered in terms of Section 28(5)(f).