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, 2 February 2016 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 are submitted for confirmation as correct records:  

i. the minute of the meeting of the Highland Licensing Board held on 8 December 2015; and

ii. the minute of the meeting of the Highland Licensing Board held on 5 January 2016.  

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/007/16 detailing licences which have been granted under delegated powers by the Clerk to the Board during the period 9 December 2015 to 19 January 2016 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 ughdarras air a thiomnadh

There is circulated Report No HLB/008/16 detailing occasional licences and extended hours applications which have been granted under delegated powers by the Clerk to the Board during the period 9 December 2016 to 19 January 2016 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/580 
Applicant: Gareth and Iona Craft t/a Red Roof Café Gallery
Premises: Red Roof Café Gallery, Holmisdale, Glendale, Isle of Skye, IV55 8WS
Type: On Sales 

There is circulated Report No HLB/009/16 by the Clerk.

6.2  Ref: HC/INBS/ 585
Applicant: Catherine (Kate) Margaret Clark, The Old School House, Duthil, Carrbridge, PH23 3NA.
Premises: Carrbridge Kitchen, Main Street, Carrbridge PH23 3AS 
Type: On and Off Sales  

There is circulated Report No HLB/010/16 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/586
Applicant: Martin McColl Limited, McColls House, Ashwells Road, Brentwood, Essex CM15 9ST per Lockett and Co, Lockett House, 13 Church Street, Kidderminster, Worcestershire, DY10 2AH
Premises: McColls, 8 Queen Street, Inverness IV1 1DA
Type: Off Sales

There is circulated Report No HLB/012/16 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/INBS/291 
Applicant:  Marion Anderson, 4 Bellfield Park, Inverness IV4 2SZ per Flint Bishop Solicitors, St Michaels Court, St Michaels Lane, Derby,DE1 3HQ
Premises:  Glenalbyn Bar, 2-4 Young Street, Inverness IV3 5BL.
Type: On and Off Sales 

Variation:

1. Increase terminal hours on sales on Mondays to 0100 hours.  

There is circulated Report No HLB/013/16 by the Clerk.

8.2  Ref: HC/INBS/224 
Applicant: Steven Anderson, Druimvhor, Grampian Crescent, Boat of Garten, PH24 3BJ.
Premises:  Andersons Restaurant, Deshar Road, Boat of Garten, PH24 3BN
Type: On and Off Sales

Variation: 

1. Extend on sales terminal hour to 01.00 hrs Monday-Sunday.
2. Amend Sunday opening to commence at 12.00 hrs.
3. Add off sales opening: 11.00 - 22.00 hrs Monday-Saturday; Sunday: 12.00 -22.00 hrs.
4. Amend children’s policy to read:
   6(b) terms: "Children under 16 allowed entry for food and soft drink unaccompanied before 20.00 hrs at management discretion. After 20.00 hrs Children must be accompanied by an adult. Young persons admitted unaccompanied at management discretion at any time."
   6(c) ages: "0-17".
   6(d) times:  "At all trading hours subject to the terms stated at 6(b)."
5. Extend the restaurant and increase capacity from 45 to 60 covers.
6. Provide a takeaway meal service.
7. Change of address for premises manager.  

There is circulated Report No HLB/014/16 by the Clerk.

8.3  Ref: HC/INBS/295
Applicant: British Legion Club (Inverness), 10 Huntly Street, Inverness IV3 5PR
Premises:  The British Legion Club (Inverness) Ltd, 10 Huntly Street, Inverness IV3 5PR
Type:  On and Off Sales

Variation:

Operating Plan

1. Increase terminal hour for on sales on Thursdays, Saturdays and Sundays to 0100 hours.
2. Commence Sunday on and off sales from 1100 hours.
3. Layout plan
4. Reduce size of licensed area.
5. Premises licence
6. Amend description: 'British Legion (Inverness) Ltd is situated in 2 storeys. The Club is accessed from King Street. On the ground floor is a public bar and a separate function suite. On the second floor there are administrative offices and a snooker room.

There is circulated Report No HLB/015/16 by the Clerk.

9.  Licensing (Scotland) Act 2005
Applications for variation (major) and transfer of premises licences                                                                                                           
Iarrtasan airson atharrachadh (mòr) agus Gluasad cheadachdan thogalaichean

9.1  Ref:  HC/INBS/179
Applicant:  National Trust for Scotland Enterprises Ltd, Hermiston Quay, 5 Cutlins Road, Edinburgh EH11 4DF.
Premises:  Culloden Battlefield Visitor Centre, national Trust for Scotland, Culloden Moor, Inverness IV2 5EU.
Type:  On and Off Sales

Variation:

1. The core 'on sales' hours on Sundays are to be amended to commence at 11.00 hrs and terminate at 23.00 hrs.
2. The core 'off sales' hours amended to commence at 10.00 hrs and terminate at 22.00 hrs.
3. The wording of the seasonal variation section changed to read "The premises shall operate (be open to the public) at the following times of year:  1 February - 31 March: 10.00 - 16.00 hrs (7 days); 1 April - 31 May: 09.00 - 17.30 hrs (7 days); 1 June - 31 August: 09.00-18.00 hrs (7 days); 1 September - 31 October: 09.00-17.30 hrs (7 days) and 1 November - 23 December: 10.00 -16.00 hrs (7 days)"
4. The description of the premises is amended to include the creation of the new outside drinking patio/terrace to read: "Purpose built visitor and exhibition centre, constructed on the Culloden Battlefield site.  Consists of museum, and multi-purpose room for education, research, presentations, seminars, product launches, private functions and corporate meetings; restaurant and gift shop and outside terrace areas."
5. The operating plan is changed to include the activity of indoor and outdoor sports at 5(e) to read: " No alcohol will be provided out-with core licensed hours; Conference facilities will be available from 08.30 hrs; Restaurant facilities will be available from 09.00 hrs daily; Receptions, etc., can commence prior to the commencement of core licensed hours; Club and other group meetings can commence from 09.00 hrs; Recorded music and recorded voice-overs will be played in the museum during the premises opening hours as part of the educational audio-visual presentation; Live performance of music, dance, theatre performances and battle re-enactments can commence from 09.00 hrs;  educational theatre can commence from 09.00 hrs; cinema screenings can take place from 09.00 hrs; Outdoor drinking facilities include the patio area outside the restaurant as well as a roof and patio area beside the shop; Indoor/outdoor sports are included in order to offer highland games and fun runs on the site."
6. Question 5(f) any other activities changed to read: "The outdoor areas may be used out-with licensed hours as a smoking area or for non-alcoholic beverages and light snacks only;  Dancing is permitted to include performances, exhibitions, displays and teaching (for example, traditional Scottish country dancing, ceilidh dancing, etc.; Whisky tastings may be provided in all licensed areas, to which the public have access; The retail shop and visitor centre may be open for occasional shopping evenings and events."
7. A new outside patio area has been created in front of the restaurant as an additional area in which the consumption of alcohol on the premises shall be permitted.
8. Section 7 of the operating plan is amended to include the new capacity of the outdoor drinking areas ie 225 persons standing; 60 seated.
9. The gift shop is being refitted to move the alcohol display for off-sales resulting in an increase to the off-sales area (see plans).

There is circulated Report No HLB/016/16 by the Clerk.

10.  Surrender of premises licence 
Gèilleadh ceadachd togalaich

13.1 Premises:  Oasis Store, 170 Main Street, Lairg

The above premises licences have been surrendered in terms of Section 28(5)(f).

11.  Review hearings
Moladh ath-sgrùdaidh

11.1  Review hearings – non-payment of annual premises licence fees

There is circulated Report No HLB/017/16 by the Clerk.

11.2  Review hearing - Caledonian Hotel, Beauly

There is circulated Report No HLB/018/16 by the Clerk.