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, 9 August 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

Susan Blease
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 14 June 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/056/16 detailing Licences which have been granted under delegated powers by the Clerk to the Board during the period 1 June 2016 to 26 July 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 ùghdarras air a thiomnadh

There is circulated Report No HLB/057/16 detailing Occasional Licences and Extended Hours Applications which have been granted under delegated powers by the Clerk to the Board during the period 1 June 2016 to 26 July 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/RSL/1777
Applicant: Holmisdale Partners, 16 Holmisdale, Glendale, IV55 8WS
Premises: Glendale Shop and Post Office, 2 Lephin, Glendale, IV55 8WJ
Type: Off Sales

There is circulated Report No HLB/058/16 by the Clerk.

6.2  Ref: HC/INBS/595
Applicant: WoodWinters Wines and Whiskies, Unit 4 and 5, 15 Borrowmeadow Road, Stirling, FK7 7FB
Premises: WoodWinters Wines and Whiskies, Bow Court, 74 Church Street, Inverness, IV1 1HP
Type: Off Sales

There is circulated Report No HLB/059/16 by the Clerk.

6.3  Ref: HC/INBS/596
Applicant: Silverfjord Kingussie Limited, 63 Saughton Road North, Edinburgh, EH12 7JA
Premises: The Silverfjord, Ruthven Road, Kingussie, PH21 1ES
Type: On and Off Sales

There is circulated Report No HLB/060/16 by the Clerk.

6.4 Ref: HC/INBS/597
Applicant: Loch Ness Spirits Limited, Athbhinn, Dores, Inverness, IV2 6TU
Premises: Loch Ness Spirits Limited, Athbhinn, Dores, Inverness, IV2 6TU
Type: Off Sales

There is circulated Report No HLB/061/16 by the Clerk.

6.5 Ref: HC/RSL/1778
Applicant: Derek Forsyth (Trustee of Helen M A Ferguson)
Premises: Sonachan Hotel, Kilchoan, Argyll, PH36 4LN
Type: On and Off Sales

There is circulated Report No HLB/062/16 by the Clerk.

6.6 Ref: HC/CSR/1776
Applicant: Graham Deakin
Premises: The Factors House, Rosenberg, Denny Road, Cromarty
Type: On Sales

There is circulated Report No HLB/063/16 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/594
Applicant: The Restaurant Group (UK) Limited, 5-7 Marshalsea Road, London, SE1 1EP per Pinsent Massons LLP, 141 Bothwell Street, Glasgow, G2 7EQ
Premises:  Frankie and Benny’s, Unit 3Ai, Inverness Shopping Park, Eastfield Way, Inverness, IV2 7GD
Type:  On Sales

There is circulated Report No HLB/064/16 by the Clerk.

7.2  Ref: HC/CSR/1771
Applicant: Visit Applecross Ltd
Premises:  The River Café, Shore Street, Applecross, Strathcarron
Type:  On and Off Sales

There is circulated Report No HLB/065/16 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/RSL/0714
Applicant:  Hart Hotels Limited
Premises:  Mackays Hotel and Spa Lodge, The Square, Strathpeffer
Type:  On Sales

Variation:

(1)  Increase on-sales licensed hours on a Saturday and Sunday to terminate at 0100 hrs the following day.

(2)  Increase licensed hours on a Sunday to commence at 1100 hrs.

(3)  Add a seasonal variation to take advantage of any period of extended hours agreed by the Board over the Festive Period.

(4)  To the list of activities and services outwith core hours add the outdoor drinking area.

(5)  Amend wording of the justification for activities and services to be provided outwith core hours.

(6)  At other activities and services to be provided delete references to a computer network and televisions and add charity and fundraising events.

(7)   Amend children and young persons terms of entry by substituting the term “suitable, responsible adult” for “parent or guardian”.

(8)   In respect of young persons amend the terms of entry so as to allow, at the discretion of the management, young persons to be on the premises otherwise than when accompanied by an adult.

(9)   Amend the children and young persons “parts of the premises” section so as to read “All public parts of the premises subject to the terms of entry”.

There is circulated Report No HLB/066/16 by the Clerk.

8.2  Ref:  HC/CSER/0369
Applicant:  Richard Mackay and Sons (Durness) Limited
Premises:  Richard Mackay and Sons, Durine, Durness, IV27 4PN
Type:  Off Sales

Variation:

1.  Increase off sales operating hours on Monday to Sunday to commence at 1000 hrs and terminate at 2200 hrs.

There is circulated Report No HLB/067/16 by the Clerk.

8.3  Ref:  HC/INBS/16
Applicant: Mark Carswell, Columba House Hotel, Manse Road, Kingussie, PH21 1JF
Premises:  Scot House Hotel, Newtonmore Road, Kingussie, PH21 1HE
Type:  On and Off Sales

Variation:

1. Terminal hours Monday to Thursday to be extended to 0100 hrs rather than 2400 hrs.
2. Sunday hours to commence at 1100 hrs rather than 1230 hrs and terminate at 0100 hrs rather than 2400 hrs.
3. Off sales to be provided 1000-2200 hrs Monday-Sunday.
4. Activity of Gaming to be provided.
5. Televised Sport to be provided outwith hours and will be available at all times to residents.
6. Childrens' Policy redesigned to allow more access as follows:
   6(b) "Children are permitted access when accompanied by a responsible adult.  Young Persons can access the premises unaccompanied until 2200 hrs; after which time they require to be accompanied by an adult."
   6(c)  "0-17 years."
   6(d) "Children and Young Persons can access the premises at all times according to the terms of Section 6(b)."
   6(e)  "all public areas."
7. The premises will seek to operate according to any period of extended licensed hours offered by the Highland Licensing Board such as the, "Festive Hours Extensions" and any other period.
8. Varying the internal layout of the premises,  new reception counter has been built, lounge area is now a dining area, reception area is now a lounge area.
9. Layout Plans have been re-configured.

There is circulated Report No HLB/068/16 by the Clerk.

8.4  Ref:  HC/INBS/165
Applicant:  Glen Mhor Limited, 21 St Thomas Street, Bristol, BS1 6JS per Emmanuel Georges Moine
Premises:  Glen Mhor Hotel, 8-15 Ness Bank, Inverness, IV2 4SG
Type:  On Sales

Variation:

1. Increase within Section 7 of operating plan to reflect additional capacity of extension of outside drinking area.
2. Extension to outside drinking area between the main hotel and "the cottage".
3. Change 4th sentence of the description to read:
   "At the front of the Hotel main building is a licensed outside area extending to the area between the main building and "the Cottage" accommodation."

There is circulated Report No HLB/069/16 by the Clerk.

8.5  Ref:  HC/INBS/568
Applicant:  Gary John Booth, Ben Mhor Hotel, 53-57 High Street, Grantown-on-Spey, PH26 3EG
Premises:  Ben Mhor Hotel, 53-57 High Street, Grantown-on-Spey, PH26 3EG
Type:  On and Off Sales

Variation:

1. On Sales to terminate at 0300 hrs on Thursday, Friday and Saturday rather than 0100 hrs.
2. On Sales to terminate at 0100 hrs from Sunday-Wednesday rather than 2400 hrs.
3. Revised Children and Young Persons Policy to read:
   6(b) Children will be allowed into the Hotel when accompanied by an adult.  Young Persons will be allowed into the Hotel unaccompanied to the restaurant area only.  When in any room with a bar counter they require to be accompanied by an adult.
   6(c) 0-17.
   6(d) When residents, Children and Young Persons can access the Hotel at all times.  When non residents, Children and Young Persons are given access until 2300 hrs.  When the function suite is being used as a late hours venue, Children and Young Persons will not be granted access unless attending a private function at management discretion.
   6(e) All public areas.
4. Extension of the current function suite bar into an "L" shaped bar to provide a better customer service area.

There is circulated Report No HLB/070/16 by the Clerk.

8.6  Ref:  HC/INBS/311
Applicant:  Greene King Retailing Limited, Westgate Brewery, Bury St Edmonds, Suffolk, IP33 1QT per TLT LLP, 140 West George Street, Glasgow, G2 2HG
Premises:  Clachnaharry Inn, 17/19 High Street, Clachnaharry, Inverness, IV3 8RB
Type:  On and Off Sales

Variation:

1. Allow on sales from 1100 hrs on Sunday.
2. Allow off sales from 1100 hrs on Sunday.
3. 6(d) Children and Young Persons to be admitted up until 2200 hrs or until the end of meal or up until the end of any family type celebration which may be being held in the lounge.

There is circulated Report No HLB/071/16 by the Clerk.

8.7  Ref:  HC/INBS/393
Applicant:  Punch Partnership Limited, Jubilee House, Second Avenue, Burton on Trent, DE14 2WF per TLT LLP, 140 West George Street, Glasgow, G2 2HG
Premises:  Chieftain, 2 Millburn Road, Inverness, IV2 3PS
Type:  On and Off Sales

Variation:

1. allow on sales from 1100 hrs on Sundays.
2. allow off sales from 1100 hrs on Sundays.

There is circulated Report No HLB/072/16 by the Clerk.

8.8  Ref:  HC/INBS/313
Applicant:  Greene King Brewing and Retailing Ltd, Westgate Brewery, Bury St Edmonds, Suffolk, IP33 1QT per TLT LLP, 140 West George Street, Glasgow, G2 2HG
Premises:  Jacko’s, 44 Harbour Street, Nairn, IV12 4NU
Type:  On and Off Sales

Variation:

1. On Sales to terminate at 0100 hrs rather than 0030 hrs on Saturdays.
2. On and Off Sales to commence at 1100 hrs rather than 1200 hrs on Sundays.

There is circulated Report No HLB/073/16 by the Clerk.

8.9  Ref:  HC/INBS/514
Applicant:  Hasna Khanom, 8 Pilmuir Road, Forres, IV36 1HD
Premises:  Shapla, 2 Castle Road, Inverness, IV2 3AA
Type:  On and Off Sales

Variation:

1. Capacity has been increased from 161 to 189.
2. Gound Floor area of the premises has been extended with new seating area and bar counter.
3. Premises name to be changed to 'Shapla Indian Restaurant'.

There is circulated Report No HLB/074/16 by the Clerk.

8.10  Ref: HC/RSL/0197
Applicant:  Martin McColl Limited, Martin McColl House, Ashwells Road, Brentwood, Essex, CM15 9ST
Premises:  McColls (formerly K K Cameron), Shopping Centre, Caol, Fort William, PH33 7DR
Type:  Off-Sale

Variation:

1. Increase off-sale terminal hour from 2000 to 2200 hours (Mon to Sun)
2. Increase alcohol display capacity from 7.29 sqm to 16 sqm
3. Change name of premises from K K Cameron to McColls
4. Increase general trading hours to 0600 hrs to 2300 hrs

There is circulated Report No HLB/075/16 by the Clerk.

9.  Licensing (Scotland) Act 2005 Section 74 - hearing to consider and determine an application for personal licence
Achd Ceadachd (Alba) 2005 Earrann 74 – èisteachd gus beachdachadh air iarrtasan airson ceadachd phearsanta   

9.1  Applicant:  Ada Katrina MacKenzie

There is circulated Report No HLB/076/16 by the Clerk.

9.2  Applicant:  Nigel Robert Parkin

There is circulated Report No HLB/077/16 by the Clerk.

10.  Surrender of premises licence
Gèilleadh ceadachd togalaich

10.1  Premises:  The Bridge Hotel, Dunrobin Street, Helmsdale, KW8 6JA
Licence Holder:  The Bridge Hotel (Helmsdale) Ltd

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

11.  The Gambling Act 2005
Achd na Cearrachd 2005

11.1  Application for gaming machine permit for 3 machines
Ref:  HC/INBS/254
Applicant: Punch Partnership Ltd, Jubilee House, Second Avenue, Burton on Trent, DE14 2WF
Premises: Gellions Bar, 14 Bridge Street, Inverness, IV1 1HD

There is circulated Report No HLB/078/16 by the Clerk.