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, 11 August 2015 at 1.00 am (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 the meeting of the Highland Licensing Board held on 16 June 2015; and

ii. minute of the special meeting of the Highland Licensing Board held on 21 July 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/076/15 detailing licences which have been granted under delegated powers by the Clerk to the Board during the period 03 June 2015 to 28 July 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/077/15 detailing occasional licences and extended hours applications which have been granted under delegated powers by the Clerk to the Board during the period 3 June 2015 to 28 July 2015 and inviting the Board to note the Report.

6. Call for evidence by the Local Government and Regeneration Committee on devolution of legislative powers relating to Fixed-Odds Betting Terminals
Gairm airson fianais le Comataidh an Riaghaltais Ionadail agus an Ath-bheothachaidh mu thiomnadh chumhachdan reachdail a’ buntainn ri Ionadan Cur Geall le ‘Fixed-Odds’

There is circulated Report No HLB/078/15 inviting the Board to consider a draft response to the call for evidence by the Local Government and Regeneration Committee of the Scottish Parliament on the UK and Scottish Governments’ proposals in relation to Clause 45 of the Scotland Bill which deals with the devolution of powers to control the number of Fixed-Odds Betting Terminals in gambling premises.

7. Licensing (Scotland) Act 2005
Applications for new premises licences
Achd na Ceadachd (Alba) 2005
Larrtas airson cheadachdan thogalaichean ura

7.1 Ref: HC/INBS/581
Applicant: Gillian Marion Daley, Clunebeg Lodge, Clunebeg Estate, Drumnadrochit, IV63 3US
Premises: Clunebeg Lodge, Lewiston, Drumnadrochit, IV63 3US
Type: On and Off Sales

There is circulated Report No HLB/079/15 by the Clerk.

7.2 Ref: HC/INBS/582
Applicant: Cruise Loch Ness Limited, Clava House, Cradlehall Business Park Inverness IV2 5GH
Premises: Cruise Ship: The Legend of Loch Ness, Canal Side, Fort Augustus PH32 4BD
Type: On and Off Sales

There is circulated Report No HLB/080/15 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/RSL/1744
Applicant: Garton Jones Real Estate Limited, 264 High Street, Beckenham, BR3 1DZ
Premises: The Cowshed, Cuil, Uig, Isle of Skye, IV51 9YD
Type: On Sales

There is circulated Report No HLB/081/15 by the Clerk.

8.2 Ref: HC/RSL/1746
Applicant: Aldi Stores Limited per Lindsays, 1 Royal Bank Place, Buchanan Street, Glasgow, G1 3AA
Premises: Aldi, Unit A, Fort William Retail Park, North Road, Fort William
Type: Off-Sale

There is circulated Report No HLB/082/15 (pp 65 - 70) by the Clerk.

8.3 Ref: HC/RSL/1743
Applicant: Karen Fay Houghton
Premises: Caol Community Centre (New), Caol, Fort William
Type: On and Off Sale

There is circulated Report No HLB/083/15 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/CSER/0857
Applicant: Diageo Scotland Ltd, 5 Lochside Way, Edinburgh Park, Edinburgh
Premises: Clynelish Distillery, Brora, KW9 6LR
Type: On and Off Sales

Variation:

1. Vary the operating plan and layout plan to relocate the visitors centre, shop and tasting room to a permanent building and cease use of the temporary facilities.
2. Amend description of the premises.
3. Vary the operating plan to add to other activities: music, live performances, whisky tastings and distillery branded goods for sale during and outwith licensed hours.
4. Amend children and young persons’ terms of entry.
5. Reduce capacity from 12 m² to 8.4 m².

There is circulated Report No HLB/084/15 by the Clerk.

9.2 Ref: HC/INBS/329
Applicant: The Partnership of Dows, Deshar Road, Boat of Garten PH24 3BN
Premises: Dows Stores, Deshar Road, Boat of Garten PH24 3BN
Type: Off Sales

Variation:

Operating Plan:

1. Increase core hours to commence from 10.00 hrs on Sundays.
2. Alter terminal hour Monday to Sunday to 22.00 hours.

Premise Licence:

1. Amend name to Dows Store.

There is circulated Report No HLB/085/15 by the Clerk.

9.3 Ref: HC/INBS/39
Applicant: J and P R Haywood, Fairwinds Hotel, Carrbridge PH23 3AA
Premises: Fairwinds Hotel and Chalets, Carrbridge PH23 3AA
Type: On Sales

Variation:

Operating Plan:

1. Amend activities to include conference facilities, receptions outwith core hours, club groups, music outwith core hours, live performances, dance facilities, films, televised sport and outside drinking.
2. Amendment to children's policy
3. Former wording of seasonal variation has been removed.Layout Plan:

Outside drinking in the hotel grounds has been incorporated into the amended layout plan.

Licence:

Premises description has been altered to read: ' Fairwinds Hotel, Carrbridge is a small country house hotel within its own substantial grounds. There are 5 guest bedrooms, a conservatory/dining room, 3 x 2 bedroom chalets, 3 x 3 bedroom chalets and outside drinking in the hotel grounds. A small bar facility is set up in the resident's lounge; drinks are dispensed at guests request. There is no bar counter'.

There is circulated Report No HLB/086/15 by the Clerk.

9.4 Ref: HC/CSER/0797
Applicant: Lidl UK GmbH, 19 Worple Road, London, SW19 4JS
Premises: Lidl UK GmbH, Dalmore Road, Alness
Type: Off-Sales

Variation:

1. Amend layout plan to provide additional alcohol display area
2. Following from the changes to the layout, increase off-sales capacity from 40.23m2 to 46.35m2
3. Include recorded music as an activity during and outwith core hours

There is circulated Report No HLB/087/15 by the Clerk.

9.5 Ref: HC/RSL/0558
Applicant: Lidl UK GmbH, 19 Worple Road, London, SW19 4JS
Premises: Lidl UK GmbH, Tulloch Street, Dingwall, IV15 9JZ
Type: Off-sales

Variation:

1. Increase off-sales capacity from 39.19 m² to 45.31 m²
2. Include background recorded music.

There is circulated Report No HLB/088/15 by the Clerk.

9.6 Ref: HC/RSL/1117
Applicant: Lidl UK GmbH, 19 Worple Road, London, SW19 4JS
Premises: Lidl UK GmbH, An Aird, Fort William, PH33 6XZ
Type: Off-Sales

Variation:

1. Amend layout plan to provide additional alcohol display area
2. Following from the changes to the layout, increase off-sales capacity from 38.12m2 to 44.24m2

There is circulated Report No HLB/089/15 by the Clerk.

9.7 Ref: HC/INBS/429
Applicant: Lidl UK GmbH, 19 Worple Road, Wimbledon, London SW19 4JS per Lidl UK GmbH, Licensing Department, Locking Castle Business Park, West Wick, Weston Super Mare, BS24 7TG
Premises: Lidl UK GmbH, Telford Street, Inverness IV3 5LU
Type: Off Sales

Variation:

Operating Plan:

1. Include the provision of recorded (background) music.
2. Increase capacity from 45.02 to 51.14 sq.mtrs.

Layout Plan:

1. Increase alcohol area to coincide with 'theme' weeks ie Italian, French, German etc. Looking to merchandise international wines at the endcap closest to the existing alcohol section. Outwith 'theme' weeks, we would be merchandising our premium international wines.

There is circulated Report No HLB/090/15 by the Clerk. A letter of objection dated 9 June 2015 has been received from the Director of Public Health and is attached to the report.

9.8 Ref: HC/CSER/0400
Applicant: Lidl UK GmbH, 19 Worple Road, London, SW19 4JS
Premises: Lidl UK GmbH, Morangie Road, Tain
Type: Off-Sales

Variation:

1. Amend layout plan to provide additional alcohol display area
2. ollowing from the changes to the layout, increase off-sales capacity from 35.59m2 to 41.71m2
3. Include recorded music as an activity during and outwith core hours

There is circulated Report No HLB/091/15 by the Clerk.

9.9 Ref: HC/INBS/432
Applicant: Loch Ness Country House Hotel Limited, Stoneyfield House, Stoneyfield Business Park, Inverness IV2 7PA, per Lorna Murray, 45 Culduthel Road, Inverness IV2 4HQ.
Premises: Loch Ness Country House Hotel, Loch Ness Road, Inverness IV3 8JN.
Type: On and Off Sales

Variation:

Operating Plan:

1. Vary on-sale hours as follows: Sunday, Monday, Tuesday, Wednesday, Thursday to 0100 hrs. Sundays to commence from 1100 hrs.
2. Vary off-sales hours as follows: Sundays to commence from 1100 hrs.
3. Yes to seasonal variations. The premises will operate policy hours granted by the Board in relation to festive and other extensions.
4. Increase to capacity: to 273 (plus capacity of external alcohol service areas).
5. The reception area may on occasion be used to accommodate a small bar when the premises are hosting events such as functions and weddings.

Layout Plan:

1. Footprint of the premises to be extended to incorporate the function suite and associated ancillary accommodation. Outside alcohol service area t be extended.

Premises Licence:

1. Amend description to read: 'Loch Ness Country House is situated in 6 acres of private grounds on the outskirts of Inverness. The hotel has 15 bedrooms (comprising 11 in the main building and 4 in the garden cottages), a 40 cover restaurant and 2 lounges open to both residents and non-residents. Adjoining the hotel is a function suite which hosts events such as weddings, funeral catering, corporate events, meetings, banquets and other celebrations.

There is circulated Report No HLB/092/15 by the Clerk.

9.10 Ref: HC/INBS/325
Applicant: Masonic Club, 5 Gordon Terrace, Inverness IV2 3HD
Premises: The Club (formerly Inverness Masonic Club), 5 Gordon Terrace, Inverness IV2 3HD
Type: On and Off Sales

Variation:

1. Amend opening hours to commence at 11.00 hrs Monday to Sunday.
2. Amend core hours to terminate at 24.00 hrs. Monday to Thursday and Sunday.
3. Amend core hours to terminate 0100 hrs. Friday and Saturday.
4. Add seasonal variation to read: "The Club will seek to operate under any period of extended hours offered by the Highland Licensing Board, such as the festive extensions.
5. Amend layout plan: Existing conservatory demolished. The floor area now remains as an outside drinking area.
6. Change of name to The Club.

There is circulated Report No HLB/093/15 by the Clerk.

9.11 Ref: HC/RSL/1044
Applicant: Ross County Football Club, Global Energy Stadium, Victoria Park, Dingwall, IV15 9QZ
Premises: Ross County Football Club, Global Energy Stadium, Victoria Park, Dingwall, IV15 9QZ
Type: On-sales

Variation:

1. Amendment to layout plan to provide a new family Sports Bar to accommodate up to an additional 200 patrons.
2. Variation to operating plan to include off-sales from 1100 hrs to 2200 hrs Monday to Sunday.
3. Variation to increase on-sales hours on Monday to Saturday from 1100 hrs to 0100 hrs and 1100 hrs to 2300 hrs on Sundays.
4. Variation to other activities to include gaming and dance facilities during and outwith core licensed hours and bar meals outwith core licensed hours.
5. Other activities may be offered by the club to outside customer’s outwith core licensed hours and match days.
6. Removal of seasonal variation.
7. Variation to children and young person’s policy to allow access to all licensed areas of the stadium when alcohol is being sold providing that they are accompanied by an adult.
8. Increase premises capacity from 370 to 570 persons.

There is circulated Report No HLB/094/15 by the Clerk.

9.12 Ref: HC/CSER/0399
Applicant: Gleaner Oils Limited per Anderson Strathern, 1 Rutland Court, Edinburgh
Premises: Skiach Services Restaurant, Evanton Estate, Evanton
Type: On and Off-Sales

Variation:

1. Surrender the existing premises licence HC/CSER/1336 in respect of Skiach Filling Station
2. Amend the premises licence for Skiach Services Restaurant to incorporate Skiach Filling Station and its activities and services within the layout and location of the premises
3. Amend the description and change the name of the premises to “Skiach Services” to reflect the amendments to the operating plan
4. Add off-sales hours as an activity or service to be provided in the shop only from 1000 hrs to 2200 hrs daily
5. Reduce on-sales hours within the restaurant to terminate at 2100 hrsdaily but to commence at 1100 hrs on a Sunday
6. Add filling station as an activity outwith core hours
7. Add gaming as an activity to be provided in the shop (lottery terminal)
8. Amend the children and young persons policy at 6(e)– children and young persons to be permitted to all public parts of the premises

There is circulated Report No HLB/095/15 by the Clerk.

9.13 Ref: HC/RSL/722
Applicant: MacLeod Hotels Ltd, 71 Castle Heather Road, Inverness, IV2 4EA
Premises: Royal Hotel, Bank Street, Portree, Isle of Skye, IV51 9BU
Type: On and Off-Sales

Variation:

1. Amend premises description to reflect changes;
2. Increase On Sales hours on Saturday to 1100 hrs to 0100 hrs (currently 1100 hrs to 0030 hrs);
3. Increase On Sales hours on Sunday to 1100 hrs to 0100 hrs (currently 1200 hrs to 2330 hrs);
4. Increase Off Sales hours on Sunday to 1100 hrs to 2200 hrs (currently 1200 hrs to 2200 hrs);
5. Music, live performances and dance facilities may be permitted prior to core hours to non-residents and after core hours to residents;
6. Inclusion of indoor/outdoor sports and gaming within activities;
7. Update children’s policy;
8. Increase capacity of premises from 390 to 468;
9. Amendment to layout plan – (i) ground floor –change existing toilets to 1 bedroom; (ii) first floor – replace gymnasium with restaurant and 3 bedrooms and existing staff accommodation to 4 bedrooms.

There is circulated Report No HLB/096/15 by the Clerk.

10. Licensing (Scotland) Act 2005 Section 74 -Hearing to consider and determine applications for personal licence
Achd Ceadachd (Alba) 2005 Earrann 74 – Èisteachd gus beachdachadh air iarrtasan airson ceadachd phearsanta

10.1 Applicant: Mark Andrew Carswell

There is circulated Report No HLB/097/15 by the Clerk.

10.2 Applicant: David Andrew Ian Oxford

There is circulated Report No HLB/098/15by the Clerk.

11. Surrender of premises licence
Gèilleadh ceadachd togalaich

11.1 Premises: MV Proud Seahorse, Vessel, Muirtown Wharf, Inverness.

11.2 Premises: Costcutter/Ebor Foodmarket, 26-28 Argyle Street, Ullapool
Licence-holder: Ebor Foodmarket Limited

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

11.3 Premises: Café 115, 115 High Street Fort William
Licence-holder: Café 115 Limited

The above Premises Licence ceased to have effect on 10 April 2015 in terms of Section 28(5)(e).