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, 3 February 2015 at 12.30 pm (following the Highland Licensing Committee commencing 10.00 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 correct records

i.  Minute of meeting of the Highland Licensing Board held on 11 December 2014;

ii.  Minute of meeting of the Highland Licensing Board held on 6 January 2015.

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/008/15 detailing Licences which have been granted under delegated powers by the Clerk to the Board during the period 14 December 2014 to 20 January 2015 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/009/15 detailing Occasional Licences and Extended Hours Applications which have been granted under delegated powers by the Clerk to the Board during the period 14 December 2015 to 20 January 2015 and inviting the Board to note the Report.

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

6.1  Ref: HC/INBS/572
Applicant: Nicola Dingwall, Craigdhu, Woodside Avenue, Grantown on Spey PH26 3JR.
Premises: Elephants in the Pantry, 50-52 High Street, Grantown on Spey, PH26 3EH.
Type: Off Sales

The applicant has been invited to the meeting. 

There is circulated Report No HLB/010/13 by the Clerk.

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

7.1 Ref: HC/INBS/573
Applicant: Thai Dining Limited, per Kenneth Thomson, 21 Lochardil Place, Inverness IV2 4LN per Lorna Murray, 45 Culduthel Road, Inverness IV2 4HQ
Premises: Thai Dining, 85-87 Academy Street, Inverness IV1 1LU.
Type:  On Sales

The applicant has been invited to the meeting.

There is circulated Report No HLB/011/15 by the Clerk.

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

8.1  Ref: HC/RSL/0111
Applicant: Martin McColl Limited
Premises: McColl’s (formerly Strath Stores), Strath, Gairloch
Type: Off-Sale

Variation:  

1. Increase terminal off-sale hours Monday to Saturday from 1800 hrs to 2100 hrs
2. Include within any other activities that the premises opens for other trades from 0600 hrs.

There is circulated Report No HLB/012/15 by the Clerk.

8.2  Ref: HC/INBS/554
Applicant: Mr Ali Raza Mohammed, per Lorna Murray Solicitor, 45 Culduthel Road, Inverness IV2 4HQ
Premises: Pockets, 55-57 Castle Street, Inverness IV2 3DU
Type:  On Sales

Variation:

1. Amend on sale hours to allow the premises to open from 11.00 hours to 01.00 hours on Sundays.
2. Televised sport to be added to the list of facilities to be available outwith core on sales hours.
3. At 5(g) add snooker, pool and darts to the list of other activities.
4. Replace current description of premises:
5. 'Sports bar occupying the ground and first floor of a semi-detached building in a mainly retail/commercial area of Inverness City Centre.'

There is circulated Report No HLB/013/15 by the Clerk.

8.3  Ref: HC/INBS564
Applicant: Paul Giles Richard Sandiford, 24 Dulaig Court, Grantown on Spey PH26 3QQ per Lorna Murray Solicitor, 45 Culduthel Road, Inverness IV2 4HQ
Premises:  The Wee Puffin 15 High Street, Grantown on Spey PH26 3EG
Type: On and Off Sales

Variation:

1. Remove the local condition which requires that alcohol be sold and supplied only to persons partaking of table meals on the premises.
2. Include off sales from 10.00 hrs to 22.00 hrs Mondays to Sundays. Off sales will be sourced from a secure room
3. Amend activities:
   a. to include restaurant facilities before the commencement of the core on sales hours under explanation that the premises will open before 10.00 hrs daily for breakfasts, morning coffees and the like.
   b. to include receptions, club meetings and recorded music facilities before the commencement of the core on sales hours.
   c. to include televised sport both during and before the commencement of core on sales hours;
   d. to include gaming during core on sales hours under explanation that the premises may offer poker style entertainment in accordance with Gambling Commission guidelines.
4.  Under Seasonal Variations amend to allow the premises to take advantage of Board policy hours with regard to festive extensions.
5. Replace current description of the premises as follows:
6. 'Bar/diner on the ground and basement floors of a terraced building in a central location within Grantown on Spey with a residential flat on the upper floor'. 

There is circulated Report No HLB/014/15 by the Clerk.

8.4  Ref: HC/INBS/141
Applicant: Caledonia Catering Ltd, 135 Culduthel Road, Inverness IV2 4EF per Lorna Murray 45 Culduthel Road, Inverness IV2 4HQ
Premises: Skiing Doo Restaurant, Myrtlefield Centre, Aviemore PH22 1RH
Type:  On and Off Sales

Variation:

1. Amend core on sales hours to allow the premises to open from 11.00 hrs to 01.00 hrs daily.
2. Amend core off sales hours to allow the premises to open from 11.00 hrs to 22.00 hrs daily.
3. Add in seasonal variation to allow the premises to take advantage of Board policy hours for festive and other extensions.
4. Add in to the list of activities bar meals, live performances (as an occasional low-key facility), receptions, club or other group meetings, televised sports, gaming.
5. In 5(g) add: ‘The premises may open an as unlicensed facility earlier than the commencement of core on sale hours for breakfasts, morning coffees, club and group meetings, televised sport when gaming machines will be available and music may be played.
6. At 6(b) replace current wording with ‘Young persons will be allowed unrestricted access entry to the premises, but must be accompanied  by an adult from 22.00 hrs Children will be allowed entry to the premises until 22.00 hrs provided they are  accompanied by an adult. At the discretion of management children who are accompanied by an adult may be allowed entry to the premises after 22.00 hrs when they are attending a private function/party’.
7. At 6 (c) replace current wording with ‘Young persons and children of all ages will be allowed entry to the premises under the terms noted at 6(b) above’.
8. At 6(d) replace current wording with: ‘Children and young persons will be allowed entry to the premises at all times when the premises are open under the restrictions noted at 6(b) above.’
9. At 6€ replace current wording with: ‘Children and young persons will be allowed entry to all parts of the premises which are open to the public under the terms noted at 6(b) above.’.
10. Remove from the description of the premises the words: ‘with table service’.

There is circulated Report No HLB/015/15 by the Clerk.

8.5  Ref: HC/INBS/90
Applicant:  Punch Partnership Ltd, Jubilee House, Second Avenue, Burton upon Trent, DE14 2WF, per TLT LLP, 140 West George Street, Glasgow G2 2HG.
Premises:  Corriegarth Hotel, 5-7 Heathmount Road, Inverness IV2 3JU.
Type: On and Off Sales

Variation:

The applicant seeks to vary the premises licence as follows:-

Operating Plan:

1. Amend On Sale hours to: 1100 hours to 0100 hours Monday to Sunday.
2. Amend Off Sale hours to: 1100 hours to 2200 hours Monday to Sunday.
3. Amend seasonal variations.
4. Allow conferences as an activity during and outwith core hours.
5. Allow films, gaming, indoor/outdoor sports, televised sports outwith core hours. 
   
   Other activities amend wording
   
6. Amend children and young persons’ access: Children permitted access at all times, however, after 2200 hours must be accompanied by an adult when in a room with a bar counter, when attending a private function, viewing live entertainment or consuming a meal. Young persons permitted access unaccompanied at all times.
   
   Premises Licence:
   
7.  Amend description to read: Hotel with restaurant and public bar with letting rooms and outdoor drinking area.  

The following six timeous notices of objection to the application and representations have been received, copies of which are appended:-

1. Charity Webb, 9 Southside, Inverness IV2 3JF
2. Hugh and Lydia Black, 10 Southside, Inverness IV2 3JF
3. Greg Youngson 8 Southside, Inverness IV2 3JF
4. Ken Philip, 1 Southside Place, Inverness IV2 3JF
5. Dinah Philip, 1 Southside Place, Inverness IV2 3JF
6. Sergio Serafini, 2 Southside Place, Inverness IV2 3JF

The applicant and the objectors have been invited to attend the Hearing.

There is circulated Report No HLB/016/15 by the Clerk.

8.6  Ref: HC/CSER/0239
Applicant: Kylesku Hotel Ltd, Kylesku Hotel, Kylesku, IV27 4HW per Lorna Murray, 45 Culduthel Road, Inverness, IV2 4HQ
Premises: Kylesku Hotel, Kylesku, IV27 4HW
Type: On and Off Sales

Variation:

1. Amend on sales hours on Monday to Sunday to commence at 1100 hours and terminate at 0100 hours the following day.
2. Amend off sales hours on Sunday to commence at 1100 hours.
3. Remove current wording in Seasonal Variation restricting opening dates for the premises so as to permit opening all year round and add “allow the premises to take advantage of Board policy hours with regard to festive extensions.”
4. Increase the capacity on the premises from 113 persons to 189 persons.
5. Amend Children and Young Persons policy to allow Non Resident Young Persons (unaccompanied) and to allow Non Resident Children (in the company of an adult) to be present until the conclusion of core on sales hours.
6. To list of other activities during and outwith core hours add conference facilities; delete current wording in other activities and replace with “the bar may open before the commencement of the core hours for the sale of teas, coffees, soft drinks, confectionary and snacks.
7. Amend the layout plan and description of the premises as a consequence of partial demolition, extension and refurbishment of the premises.

There is circulated Report No HLB/017/15 by the Clerk.

8.7  Ref: HC/RSL/1200
Applicant: Robin Macgregor
Premises: Aultbea Hotel, Aultbea, Achnasheen, IV22 2HX
Type: On and Off Sales 

Variation:

1. Increase the on sales hours on Saturdays and Sundays to terminate at 0100 hrs
2. Commence at 1100 hrs on Sundays for on and off sales
3. Changes to the layout plan involving amalgamation of the lounge and public bars and of the two separate dining rooms.  No change to the capacity for the premises or its description or operation.
4. Amend the wording of the children and young persons’ terms of entry to take into account the changes to the layout. 

There is circulated Report No HLB/018/15 by the Clerk.

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

9.1  Licence Holder: Martin McColl Limited
Premises: McColls, 8 Trentham Street, Helmsdale
Offences: Section 2(1) (x6) of the Health and Safety at Work Act 1974

9.2  Licence Holder: Martin McColl Limited
Premises: McColls, Auchtercairn, Gairloch
Offences: Section 2(1) (x6) of the Health and Safety at Work Act 1974

9.3  Licence Holder: Martin McColl Limited
Premises: McColls, Strath Stores, Gairloch
Offences: Section 2(1) (x6) of the Health and Safety at Work Act 1974

9.4  Licence Holder: Martin McColl Limited
Premises: McColls, The Square, Strathpeffer
Offences: Section 2(1) (x6) of the Health and Safety at Work Act 1974

9.5 Licence Holder: Martin McColl Limited
Premises: McColls, 12 High Street, Ardersier, Inverness IV12 7QB
Offences: Section 2(1) (x6) of the Health and Safety at Work Act 1974

9.6 Licence Holder: Martin McColl Limited
Premises: McColls, 40 Culcabock Road, Inverness IV2 3XQ.
Offences: Section 2(1) (x6) of the Health and Safety at Work Act 1974

9.7 Licence Holder: Martin McColl Limited
Premises: McColls, Main Street, Castletown
Offences: Section 2(1) (x6) of the Health and Safety at Work Act 1974

9.8 Licence Holder: Martin McColl Limited
Premises: McColls, Provost Sinclair Road, Thurso
Offences: Section 2(1) (x6) of the Health and Safety at Work Act 1974

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.

10.  Surrender of Premises Licence 
Gèilleadh Ceadachd Togalaich

10.1 Premises:  Glen Nevis Caravan & Camping  Site – Shop 1 
Licence Holder:  Glen Nevis Holidays Limited

10.2 Premises:  Tomdoun Hotel, Invergarry, PH35 4HS 
Licence Holder:  Lindsays Licensed Trade Nominees Limited 

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