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 May 2015 at 1.00 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 a correct record the minute of the meeting of the Highland Licensing Board held on 31 March 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/041/15 detailing Licences which have been granted under delegated powers by the Clerk to the Board during the period 18 March 2015 to 28 April 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/042/15 detailing Occasional Licences and Extended Hours Applications which have been granted under delegated powers by the Clerk to the Board during the period 18 March 2015 to 28 April 2015 and inviting the Board to note the Report.

6. Supplementary Policy Statement on Extended Hours
Aithris Poileasaidh Leasachail mu Uairean Leudaichte

There is circulated Report No HLB/043/15 by the Clerk which invites the Board to consider the responses received to the consultation on the introduction of a supplementary policy statement on extended hours for special events of local or national significance and to decide whether to introduce such a statement.

The Board is invited to:-

i. consider the consultation responses attached at Appendices 1, 2 and 3 to this Report and to decide whether to introduce a supplementary policy statement on extended hours for special events of local or national significance, and
ii. if the Board is minded to introduce such a supplementary policy statement, to agree the principal terms of the statement and the special events (and dates) to be identified in it and to require the Clerk to the Board to submit a draft supplementary policy statement incorporating those terms to the next meeting of the Board for final approval.

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

7.1  Ref: HC/RSL/1734
Applicant: Edward Tweedie
Premises: The Cottage Restaurant, 1 Bosville Terrace, Portree, IV51 9DG
Type: On Sales

There is circulated Report No HLB/044/15 by the Clerk.

7.2  Ref: HC/CSER/1732
Applicant: Angus R Macleod
Premises: Clachtoll Beach Stores, Clachtoll, Lochinver, IV27 4JD
Type: Off Sales

There is circulated Report No HLB/045/15 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/579
Applicant: Peshtawan Jabar Hassan, 5 Glengarry Road, Inverness IV3 8NJ, per Lorna Murray Solicitor 45 Culduthel Road, Inverness IV2 4HQ.
Premises: Highland International Food Store, 1a Margaret Street, Inverness IV1 1LS.
Type:   Off Sales.

There is circulated Report No HLB/046/15 by the Clerk.

8.2  Ref: HC/CSER/1733
Applicant: Aborak Ali per Anderson Macarthur & Co, Old Bank of Scotland Buildings, Stornoway
Premises:  Jasmine Tandoori Restaurant, 134 High Street, Wick
Type:   On and Off Sales

There is circulated Report No HLB/047/15  by the Clerk.

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

9.1  Ref: HC/RSL/0485
Applicant:  David Smillie
Premises:  Volunteer Arms, 47-49 High Street, Fort William
Type:  On-Sales

 Variation:
1. increase on-sale permitted hours of external seating area to 1100 hours to 2000 hours, Monday to Sunday in line with approved planning consent (previously Monday to Friday (excluding Thursday) : 1100 hours to 1500 hours and Saturday/Sunday : 1000 hours to 1700 hours).

There is circulated Report No HLB/048/15 by the Clerk.

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

10.1  Ref:  HC/CSER/0874
Applicant:  Martin McColl Limited per DWF, 5 St Paul’s Square, Old Hall Street, Liverpool
Premises:  McColls, Main Street, Castletown
Type:  Off Sales

 Variation:
1. Amend the description of the premises to include the operation of a post office with ancillary services.
2. Change the layout plan to incorporate a post office counter.
3. Following from the changes to the layout, reduce the alcohol display capacity for off-sales from 21.37m2 to 21.32m2.

There is circulated Report No HLB/049/15  by the Clerk.

10.2  Ref:  HC/RSL/R/1198
Applicant:  Punch Partnership Limited, Jubilee House, Second Avenue, Burton on Trent, DE14 2WF per TLT LLP, 140 West George Street, Glasgow G2 2HG.
Premises:  Ferryboat, 26 Shore Street, Ullapool, IV26 2UJ
Type:  On and Off Sales

 Variation:
1. Amendment to on sales hours to 1100 hours to 0100 hours Monday to Sunday
2. Amendment to off sales hours to 1100 hours to 2200 hours Monday to Sunday.
3. Amendment to seasonal variation wording: Add any additional hours which may be available in terms of the Board’s statement of licensing policy including the festive season.

There is circulated Report No HLB/050/15 by the Clerk.

10.3  Ref: HC/RSL/R/1171
Applicant:  Punch Partnership Limited, Jubilee House, Second Avenue, Burton on Trent, DE14 2WF per TLT LLP, 140 West George Street, Glasgow G2 2HG.
Premises: Argyll Hotel, 18 Argyle Street, Ullapool IV26 2UB
Type:   On and Off Sales

 Variation:
1. Amendment to on sales hours to 1100 hours to 0100 hours Monday to  Sunday
2. Amendment to off sales hours to 1000 hours to 2200 hours Monday to Sunday.
3. Amendment to seasonal variation wording: Add any additional hours which may be available in terms of the Board’s statement of licensing policy including the festive season.

The following timeous notice(s) of objection have been received and are appended:
• Email dated 10 April 2015 from Janice MacRae, The Bungalow, 20 Argyle Street, Ullapool, Ross Shire IV26 WUB.
• Email dated 10 April 2015 from Iris MacRae, Lochbeag, 20 Argyle Street, Ullapool, IV26 2UB
• Email dated 10 April 2015 from Kathleen Mackay, 18 Pulteney Street, Ullapool, IV26 3UP.

There is circulated Report No HLB/051/15 by the Clerk.

10.4  Ref:   HC/RSL/06/07
Applicant:  William Cameron, Sands Caravan and Camping, Gairloch IV21 2DL
Premises: Sands Caravan and Camping, Gairloch IV21 2DL 
Type:   On and Off Sales

 Variation:
1.  Add on sales hours, Monday-Sunday: 11.00-24.00 hrs.
2. Increase off-sales hours:  Monday to Saturday, 1000 hours to 2200 hours Sundays 1100 hrs to 2200 hours.
3. Amend seasonal variation - premises will now trade from 1 March to 30 November each year.
4. To list activities and services during and outwith core hours add, restaurant facilities, receptions, clubs etc., outdoor drinking and, during core hours only, add music and live performances.
5. Add that the campsite shop and cafe will open prior to the commencement of licensed hours to provide activities and services for guests.
6. To other activities and services add charity and fundraising events.
7. Add children and young persons' policy to allow, at the discretion of the management, unaccompanied children and young persons within the cafe until 18.00 hrs each day after which children must be accompanied by an appropriate responsible adult.
8. Vary premises licence description to read:
'Single storey detached 50 x cover cafe and separate single storey convenience store selling groceries, hardware, camping equipment and toys within a caravan and camping site. There is no bar counter within the cafe.
9. Vary layout plan to include campsite café and outdoor drinking area.
10. Substitution of new premises manager.

There is circulated Report No HLB/052/15 by the Clerk.

10.5  Ref:  HC/INBS/217
Applicant:   Upland Properties Limited, Spey House, Cairngorm Technology Park, Aviemore PH22 1RH, per Lorna Murray Solicitor 45 Culduthel Road, Inverness IV2 4HQ.
Premises:  Deli Mair (formerly Tidal Bay) Myrtlefield House, Grampian Road, Aviemore PH22 1RH
Type:    Off Sales

 Variation:
1. Remove all on sales hours.
2. Add off sales: Monday-Sunday: 10.00 hrs to 22.00 hrs.
3. Remove the following activities: restaurant facilities; receptions; music (outwith core hours); live performances; outdoor drinking facilities.
4. Remove explanation of activities outwith core hours.
5. Capacity to be amended to remove reference to on-sales.
6. Off sales capacity 6.72.
7. Amend description to read: 'Licensed delicatessen part of a larger building in a central location within Aviemore.'
8. Change of Premises Name to 'Deli Mair.'

There is circulated Report No HLB/053/15 by the Clerk.

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

11.1 Ref:   HC/RSL/0736
Applicant:   Roderick Russell Mackenzie (agent) 65 High Street, Fortrose, IV10 8SU
Premises:   The Plough, 48 High Street, Rosemarkie IV10 8UF

There is circulated a letter (Appendix 1) from Police Scotland, dated 2 April 2015. Both the applicant, his agent and the Chief Inspector Police Scotland have been invited to attend the meeting.

There is circulated Report No HLB/054/15 by the Clerk.

12. Licensing (Scotland) Act 2005 Section 36 Request for a Review Hearing – Premises Licence.
Achd Ceadachd (Alba) 2005 Earrann 36 – Iarrtas airson Eisteachd Athbhreithneachaidh – Ceadachd Thogalaichean

12.1 Licence Holder: Club House Scotland Limited, Club House Hotel, 45 Seabank Road, Nairn IV12 4EY, per Lorna Murray, Solicitor, 45 Culduthel Road, Inverness IV2 4HQ.
Premises: Club House Hotel, 45 Seabank Road, Nairn IV12 4EY

There is circulated Report No HLB/055/15 by the Clerk.

13. Surrender of Premises Licence
Gèilleadh Ceadachd Togalaich

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

 13.2  Premises:  Jacobite Legend, Tomnahurich Bridge, Glenurquhart Road, Inverness IV3 5TD
 Licence Holder: Jacobite Cruises Limited, Farraline Park Bus Station, Margaret Street, Inverness IV1 1LT

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