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, 4 October 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 9 August 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/079/16 detailing licences which have been granted under delegated powers by the Clerk to the Board during the period 27 July 2016 to 20 September 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/080/16 detailing occasional licences and extended hours applications which have been granted under delegated powers by the Clerk to the Board during the period 27 July 2016 to 20 September 2016 and inviting the Board to note the report.

6.  Chief Constable’s Report 2015/2016
Aithisg an Àrd-Chonstabail 2015/2016

There is circulated the Chief Constable’s Report to the Highland Licensing Board for 1 April 2015 to 31 March 2016.  

7.  Consultation Draft Gambling Policy Statement
Dreachd Cho-chomhairle Aithris Poileasaidh Ceàrrachd

There is circulated Report No HLB/081/16 by the Clerk inviting the Board to approve the publication and issue of the proposed Consultation Draft Policy Statement set out in Appendix 1 as a formal Consultation Draft.

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

8.1  Ref: HC/INBS/580
Applicant: Margaret Sutherland
Premises: The Bear’s Den, Memorial Square, Brora, KW9 6NS
Type: On Sales

There is circulated Report No HLB/082/16 by the Clerk.

8.2  Ref: HC/CSR/1785
Applicant: Carolyn A Wilson
Premises: The Larder, 45 High Street, Alness
Type: Off Sale

There is circulated Report No HLB/083/16 by the Clerk.

8.3  Ref: HC/RSL/1791
Applicant: Kings House Glencoe Limited per Bidwells, Carn Dearg House, North Road, Fort William
Premises:  The Way Inn, Kings House Hotel, Glencoe, PH49 4JA
Type: On and Off Sale (Temporary Licence)

There is circulated Report No HLB/084/16 by the Clerk.

8.4  Ref: HC/RSL/1789
Applicant: Marc William MacVarish per TLT LLP, 140 West George Street, Glasgow, G2 2HG
Premises:  Marine Hotel, Mallaig, PH41 4PY
Type: On and Off Sale

There is circulated Report No HLB/085/16 by the Clerk.

9.  Licensing (Scotland) Act 2005 
Applications for provisional premises licences
Achd Ceadachd (Alba) 2005
Iarrtas airson ceadachdan thogalaichean le cumha

9.1  Ref: HC/INBS/598
Applicant: Nando’s Chickenland Limited, St Mary’s House,Vicarage Crescent, London, SW11 3LD per Hill Brown Licensing, RWF House, 5 Renfield Street, Glasgow, G2 5EZ
Premises: Nando’s, Unit 3Ai, Inverness Retail Park, Eastfield Way, Inverness, IV2 7GD
Type:  On and Off Sales

There is circulated Report No HLB/086/16 by the Clerk.

9.2  Ref: HC/CSR/1787
Applicant: Younes Amin
Premises:  Keystore More, 17-19 Bridge Street, Wick
Type:  Off Sales

There is circulated Report No HLB/087/16 by the Clerk.

9.3  Ref: HC/CSR/1786
Applicant: Teresa Wymer and Rebecca Wymer
Premises:  Stacks Bistro and Coffee House, Unit 3, John O’Groats
Type:  On and Off Sales

There is circulated Report No HLB/088/16 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/RSL/1570
Applicant:  Iain Rodger, t/a Sunny’s Bar Limited
Premises:  Sunny’s Sports Bar, 19 Middle Street, Fort William
Type:  On and Off-Sales

Variation:

Operating Plan:

1. Increase core terminal hour on Saturday evenings to 0200 hrs.
2. Revise description of premises to reflect operation as late opening premises on Saturday evenings.
3. Revise children’s policy to reflect change to operation of premises on Saturday evenings.

There is circulated Report No HLB/089/16 by the Clerk.

10.2  Ref:  HC/INBS/509
Applicant:  Iceland Foods Limited, Second Avenue, Deeside Industrial Park, Deeside, Flintshire, CH5 2NW
Premises:  Iceland Foods Limited, Unit 3b, Rose Street, Inverness, IV1 1NQ
Type:  Off Sales

Variation:

1. To increase terminal hours on Saturday and Sunday from 1800 hrs to 2000 hrs

There is circulated Report No HLB/090/16 by the Clerk.

10.3  Ref:  HC/INBS/275
Applicant:  Clachnacuddin Football Club, 1 Wyvis Place, Inverness, IV3 8DR
Premises:  Clachnacuddin Football Club, 1 Wyvis Place, Inverness, IV3 8DR
Type:  On Sales

Variation:

1. Addition of a new members’ lounge to the licensing footprint of Clachnacuddin Football Club.
2. Capacity to increase from 50 to 70 persons.
3. Description to be amended to read:  ‘Clachnacuddin Football Club premises comprise of a small boardroom with bar facilities.  Each bar area has a single public entrance.  Toilet and kitchen facilities are also provided on site.’

There is circulated Report No HLB/091/16 by the Clerk.

10.4  Ref:  HC/INBS/488
Applicant:  Gillian Lacey-Solymar, 3 Lyndhurst Gardens, London, New 5NS
Premises:  Achnagairn House, Kirkhill, Inverness, IV5 7PD
Type:  On and Off Sales

Variation:

1. Opening a new on-site restaurant, ‘Table Manors’ on the estate of Achnagairn House, for sonsumption both on and off premises (off sales for resident estate guests to consume in their self-catering accommodation).
2. Description of the premises will read ’24 bedroom Edwardian mansion in a rural location on the outskirts of the village of Kirkhill.  Restaurant on estate which consists of mature private gardens extending to approximately 15 acres.’
3. Capacity to increase from 552 to 612.
4. Provision of off sales from 1200-2200 hours each day.

There is circulated Report No HLB/092/16 by the Clerk.

10.5  Ref:  HC/CSR/1482
Applicant:  Michael W Dwyer
Premises:  Balintore Hotel, East Street, Balintore
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 for on and off-sales on a Sunday to commence at 1100 hrs.
3. Change the name of the premises to Balintore Inn.

There is circulated Report No HLB/093/16 by the Clerk.

10.6  Ref: HC/CSR/1005
Applicant: Mary C McGale
Premises: Carron Restaurant, Cam-Allt, Strathcarron
Type: On Sales

Variation:

1. Increase on-sales licensed hours daily to terminate at 0100 hrs the following day, and on a Sunday to commence at 1100 hrs.
2. Add off-sales with licensed hours of Monday to Sunday from 1000 hrs to 2200 hrs
3. Add seasonal variation to take advantage of any period of extended hours agreed by the Board over the Festive Period.
4. Remove seasonal variation so as to permit year round trading.
5. To the list of activities and services during and outwith core hours add live music and outdoor drinking area.
6. Delete entry at operating plan 5(f) and substitute with “premises may trade from 0800 hrs on any day”.
7. Delete current other activities listed at operating plan 5(g) and add “retail of certain goods and charity and fundraising events, whisky, wine, beer and food tastings, barbecues”.
8. Amend children and young persons’ terms of entry so as to permit, at manager’s discretion, unaccompanied children to be on the premises until 1900 hrs after which, they must be accompanied by a suitable appropriate adult.
9. 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.
10. Amend layout plan to include extension forming an additional coffee lounge.
11. Increase capacity to 48 persons
12. Amend description of premises to include references to the outdoor drinking area, a small retail area and that there is no bar counter on the premises and sales of alcohol will not be restricted to persons taking a table meal on the premises.

There is circulated Report No HLB/094/16 by the Clerk.

10.7  Ref: HC/CR/0276
Applicant: Kell Enterprises Ltd per Lorna Murray, 45 Culduthel Road, Inverness
Premises: Castle Arms Hotel, Mey
Type: On Sales

Variation:

1. Increase licensed hours on Mondays to Saturdays to 1100 hrs to 0100 hrs the following day
2. Increase licensed on-sales hours on Sundays to 1100 to 0100 hrs the following day
3. Remove existing seasonal variation to allow year round trade.
4. Add seasonal variation to allow the premises to take advantage of any policy hours granted by the Board in relation to festive and other extensions
5. To list of activities and services provided during and outwith core hours add restaurant facilities, receptions, club or other group meetings; music and televised sport and an explanation as to why provision outwith core hours is required.

There is circulated Report No HLB/095/16 by the Clerk.

10.8  Ref: HC/CSR/1037
Applicant: D A Stephen Associates Ltd
Premises: Dingwall Tandoori Restaurant, 4 High Street, Dingwall
Type: On Sales

Variation:

1. Delete existing local condition to allow persons other than those consuming a meal to purchase and consume alcohol.
2. Increase on-sales licensed hours on any day to commence at 1200 hrs and terminate at 0100 hrs the following day.
3. Change the name of the premises to The Victoria.
4. To the list of activities to be carried during and out with core licensed hours add – clubs and other group meetings, music, live performances, charity and fundraising events and that the premises may be open from 1000 hrs daily.
5. Alterations to layout following removal of booth seating resulting in an increase in capacity from 58 to 80 persons.
6. Change description of the premises to show operation of the premises as being primarily food-led but with sales of alcohol not being restricted to persons taking table meals on the premises in which there is no bar counter.
7. Add a seasonal variation that the holder may take advantage of any period of extended hours agreed by the Board over the festive period.
8. Amend the terms of entry for children and young persons to allow  children to be permitted at all times, in all public parts of the premises but must be accompanied by a suitable, appropriate adult.  At the discretion of the management unaccompanied young persons may also be permitted on the premises failing which they must be accompanied by a suitable, appropriate adult.

There is circulated Report No HLB/096/16 by the Clerk.

10.9  Ref: HC/CSR/0370
Applicant: T J Morris Ltd t/a Home Bargains per DWF LLP, 5 St Pauls Square, Hall Street, Liverpool
Premises: Home Bargains, Morangie Road, Tain
Type: Off Sales

Variation:

1. Increase the alcohol display capacity to 39.86m²

There is circulated Report No HLB/097/16 by the Clerk.

10.10  Ref: HC/CSR/0595
Applicant: The Union Tavern Fortrose Limited
Premises: Union Tavern, 29 High Street, Fortrose
Type: On and Off Sales

Variation:

1. Increase on-sales licensed hours Monday to Wednesday, Saturday and Sunday to terminate at 0100 hrs the following day.
2. Increase licensed hours for on and off-sales 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 for the festive period.

There is circulated Report No HLB/098/16 by the Clerk.

11.  Surrender of premises licence
Gèilleadh ceadachd togalaich

11.1  Premises: Edinburgh Woollen Mill, 13 High Street, Fort William
Licence Holder: The Edinburgh Woollen Mill Ltd

The above premises licence has been surrendered in terms of Section 28(5)(f).

12.  Licences no longer in effect 
Chan eil ceadachdan èifeachdach tuilleadh

12.1  Premises: Brockies Lodge, Kiltarlity (HC/INBS/192)

The above premises licence has ceased to have effect in terms of Section 28(7).