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, 16 June 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 12 May.

4. Presentation by Police Scotland Counter Terrorism Department
Taisbeanadh le Roinn Contra-Cheannairceis Poilis Alba

There will be a presentation by Police Scotland on the Police Scotland Counter Terrorism Department.

5. Supplementary Policy Statement on Extended Hours
Aithris Poileasaidh Leasachail a thaobh Uairean Leudaichte

There is circulated Report No HLB/056/15 inviting the Board to approve the Supplementary Licensing Policy Statement on Extended Hours for Special Events of local or national significance and to authorise its publication

6. Application and Annual Fees
Iarrtas agus Cosgaisean Bliadhnail

There is circulated Report No HLB/057/15 on application and annual fees inviting the Board not to increase the fees.

7. Alcohol (Licensing, Public Health and Criminal Justice) (Scotland) Bill Scottish Parliament Health and Sport Committee Call for Evidence
Bile na Dibhe (Ceadachd, Slàinte Phoblach agus Ceartas Eucoireach) (Alba) Gairm Fianais Comataidh Slàinte is Spòrs Pàrlamaid na h-Alba

There is circulated Report No HLB/058/15 on the Call for Evidence from the Scottish Parliament’s Health and Sport Committee on the Alcohol (Licensing, Public Health and Criminal Justice) (Scotland) Bill inviting the Board to agree a response to the call for evidence.

8. 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/059/15 detailing Licences which have been granted under delegated powers by the Clerk to the Board during the period 29 April 2015 to 2 June 2015 and inviting the Board to note the Report.

9. 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/060/15 detailing Occasional Licences and Extended Hours Applications which have been granted under delegated powers by the Clerk to the Board during the period 29 April 2015 to 2 June 2015 and inviting the Board to note the Report.

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

10.1 Ref: HC/INBS/580
Applicant: The Partnership of Cafe Eighty 2, Lewiston, Drumnadrochit, IV63 6UL per Danielle Menzies and Ailsa Ann Menzies.
Premises: Café Eighty 2, Lewiston, Drumnadrochit.
Type: On Sales

There is circulated Report No HLB/061/15 by the Clerk.

10.2 Ref: HC/RSL/1736
Applicant: Andrew Bell
Premises: Ardmorn Holiday Accommodation, Ardmorn, Roskill, Dunvegan, Isle of Skye, IV55 8ZD
Type: On Sales

There is circulated Report No HLB/062/15 by the Clerk.

10.3 Ref: HC/CSER/1737
Applicant: Zakir Hossain
Premises: Pride of Bengal, 53 Princes Street, Thurso
Type: On Sales

There is circulated Report No HLB/063/15 by the Clerk.

10.4 Ref: HC/RSL/1740
Applicant: Andrea Woodward
Premises: Deli Craft, 61 High Street, Fort William, PH33 6DH
Type: Off Sales

There is circulated Report No HLB/064/15 by the Clerk.

10.5 Ref: HC/RSL/1741
Applicant: Partnership of Toby and Mary Fichtner-Irvine
Premises: Gallanach Lodge, Isle of Muck, PH41 2RP
Type: On Sales

There is circulated Report No HLB/065/15 by the Clerk.

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

11.1 Ref: HC/INBS/ 326
Applicant: Kingsmills Hotel (Inverness) Ltd, 52-54 Rose Street, Aberdeen AB10 1HA per Craig Ewan, agent.
Premises: Kingsmills Hotel, Culcabock Road, Inverness IV2 3LP
Type: On and Off Sales

Variation:

Operating Plan:

1. Addition of 13 Garden Rooms as from 1 June 2015. Increasing capacity by a further 26 pax to 1589 On Sales.
2. Amendment to On Sales Hours to commence on Sunday from 11.00 hours to 01.00 hours.
3. Addition of Off Sales Monday to Sunday 11.00 hours to 22.00 hours.

Layout Plan:

1. Addition of 13 new rooms

Premises Licence:

1. Second paragraph of description amended to: 'Kingsmills Hotel - a four star 147 bedroom hotel one mile from Inverness City Centre'.

There is circulated Report No HLB/066/15 by the Clerk.

11.2 Ref: HC/INBS/290
Applicant: Newtonmore Golf Club, Golf Course Road, Newtonmore PH20 1AT
Premises: Newtonmore Golf Club, Golf Course Road, Newtonmore PH20 1AT
Type: On Sales

Variation:

1. On Sales to commence at 11.30 hrs on Sundays.

There is circulated Report No HLB/067/15 by the Clerk.

11.3 Ref: HC/INBS/ 234
Applicant: Sutherland Bars Limited, Arisaig Hotel, Arisaig, PH39 4NH per Lorna Murray, 45 Culduthel Road, Inverness IV2 4HQ.
Premises: Scotch and Rye (formerly City Bar 21 Queensgate, Inverness IV1 1DF.
Type: On and Off Sales

Variation:

1. Change of name to 'Scotch & Rye' (formerly City Bar).
2. Amend Local condition to require adequate stewarding only on Friday and Saturday evenings.
3. Change to layout plans as follows: Alterations include the removal of fixed seating, a high shelf and dance platform and introducing a DJ booth, extend bar counter slightly and remove smaller bar area.
4. Extend on sales hours as follows: Saturdays to 01.00 hrs and Sundays 11.00-01.00 hrs.
5. Extend off sales hours as follows: Sundays from 11.00 hrs.
6. Amend seasonal variations to allow the premises to take advantage of Board policy hours for festive and other occasions as determined by the Board.
7. Children to be allowed entry as follows:
8. 6(b) Children and young persons will be allowed entry to the premises until 22.00 hrs, provided they are accompanied by an adult. At the discretion of management children and young persons who are accompanied by an adult may be allowed entry to the premises after 22.00 hrs for the duration of private functions or for the purpose of viewing live entertainment or for the purpose of taking a meal.
9. 6(c) Children and young persons of all ages will be allowed entry to the premises under the terms noted at 6(b) above.
10. 6(d) 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.
11. 6(e) 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).
12. Amend on sale capacity to 186.
13. Off sales capacity 13.9 sq metres.

There is circulated Report No HLB/068/15 by the Clerk.

11.4 Ref: HC/RSL/0821
Applicant: Praban Na Linne Ltd
Premises: Praban Na Linne Ltd, Eilean Iarmain, Isle of Skye, IV43 8QR
Type: Off Sales

Variation:

1. Increase Off Sales core hours on Monday to Sunday to 1000 hours to 2200 hours;
2. Remove Seasonal Variation to permit premises to operate all year round.

There is circulated Report No HLB/069/15 by the Clerk.

11.5 Ref: HC/RSL/ 0279
Applicant: Crerar Gairloch Limited, The Ca'D'oro, 45 Gordon Street, Glasgow G1 3PE
Premises: The Sheiling (Formerly Loch Inn), Auchtercairn, Gairloch, Ross shire IV21 2BH
Type: On and Off Sales

Variation:

1. Change the premises name to 'The Shieling' (formerly Loch Inn).
2. Increase on-sales hours on Saturday to terminate at 01.00 hrs.
3. Increase on-sales licensed hours on a Sunday to commence at 11.00 hrs and terminate at 01.00 hrs.
4. Addition, to include off-sales commencing at 11.00 hrs and terminating at 22.00 hrs, Monday-Sunday.
5. Delete existing seasonal variation and substitute "The premises may take advantage of any extended hours which may be available in terms of the Board's statement of licensing policy, including the festive season."
6. To the list of activities and services provided, add outdoor drinking facilities during and outwith core hours.
7. To the list of activities and services available outwith core hours add restaurant facilities and music with amended explanation.
8. To other activities, add charity and fundraising events.
9. Amend children and young persons’ terms of entry in accordance with Board policy as follows:
10. 6(b) Children are permitted but must be accompanied by a suitable responsible adult. At the discretion of the management, unaccompanied young persons are permitted, otherwise they must be accompanied by a suitable responsible adult.
11. 6(c) All ages.
12. 6(d) Children are excluded from the premises after 22.00 hrs, unless consuming a meal or attending a function. At the discretion of the management, unaccompanied young persons may be permitted on the premises at all times failing which, they must be in the company of a suitable responsible adult.
13. 6(e) All public parts of the premises.

There is circulated Report No HLB/070/15 by the Clerk.

11.6 Ref: HC/RSL/1264
Applicant: Strathpeffer Pavilion Association Ltd., per Manager Andrew William MacRae.
Premises: Strathpeffer Pavilion, The Square, Strathpeffer, IV14 9DL
Type: On Sales

Variation:

1. Include off-sales commencing 1100 hrs to 2200 hrs Monday to Sunday.
2. Increase on-sales hours on Sunday to commence at 1100 hrs and terminate at 0100 hrs.
3. Other activities include films, gaming, indoor and outdoor sports, televised sports all to be within and outwith core hours.
4. Include outdoor drinking facilities for non-alcoholic drinks outwith core licensed hours.
5. Include extended hours which may be available in terms of the Board’s statement of licensing policy such as seasonal festive hours.
6. Variation to other activities to include takeaway meals.

There is circulated Report No HLB/071/15 by the Clerk.

11.7 Ref: HC/RSL/0460
Applicant: Lochaber Hotels Limited
Premises: Moorings Hotel, Banavie, Fort William, PH33 7LY
Type: On and Off Sales

1. increase on and off-sale opening hour on Sunday to 1100 hrs;
2. increase on-sale terminal hour on Sunday to 0100 hrs;
3. increase on-sale terminal hour, Monday to Wednesday to 0100 hrs;
4. include the following additional activities outwith core hours namely, receptions and outdoor drinking;
5. update children’s policy to reflect proposed changes;
6. increase capacity of premises from 360 persons to 470 persons;
7. extend existing licensed footprint area to include a new café/restaurant area on the ground floor, five additional bedrooms on first floor and an additional outdoor drinking area adjacent to the café bistro;
8. removal of existing toilets within the Lounge Bar and relocation of the toilets to within the new café area.

There is circulated Report No HLB/072/15 by the Clerk.

12. 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

12.1 Licence Holder: Iqbal Mohammed HC/INBS/PERS/1087

There is circulated Report No HLB/073/15 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

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